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United States

If the merchandise is sold with an express "guarantee," the terms of the implied warranty of merchantability fills the gaps left by that guarantee. If the terms of the express guarantee are not specified, they will be considered to be the terms of the implied warranty of merchantability. The UCC allows sellers to disclaim the implied warranty of merchantability, provided the disclaimer is made conspicuously and the disclaimer explicitly uses the term "merchantability" in the disclaimer. UCC § 2-316(2) Some states, however, have implemented the UCC so that it cannot be disclaimed.