Disclaimers in contracts are generally included when one party wants to sell a product or service without any guarantee of its quality (merchantability) or suitability for the buyer’s intended use. Guarantees of a product’s quality or suitability are also known as warranties, and may be implied in the parties’ agreement without being written or spoken—usually by virtue of a state’s statutes adopting the Uniform Commercial Code’s provisions governing the sale of goods (Article 2)—or by court opinions (also known as common law or case law). Some states have laws (statutes) that prohibit the disclaimer of warranties; make disclaimers ineffective; and penalize parties who attempt to disclaim such warranties. Disclaimers in contracts also serve as an explicit warning to the parties of the risks in a sale or transaction and help avoid a subsequent claim that a party was unaware of such risks or was deceived regarding the presence of such risks.

In Florida, disclaimers in contracts are subject to both the Uniform Commercial Code (UCC) as adopted by the state and specific Florida statutes. Under Florida law, particularly Florida Statute 672, which is the state's adoption of the UCC Article 2, disclaimers of warranties in the sale of goods are permitted but must be conducted in a manner that is clear and conspicuous. This means that for a disclaimer to be effective, it must be presented in a way that would catch the attention of a reasonable person. When it comes to implied warranties, such as the warranty of merchantability or fitness for a particular purpose, the seller can disclaim these warranties by using specific language or by selling the item 'as is' or with 'all faults.' However, Florida law also provides consumer protection statutes that may limit the ability to disclaim certain warranties, especially in consumer transactions. It is important for parties to a contract to understand the nature of the disclaimers they are agreeing to and to ensure that such disclaimers are compliant with applicable laws to avoid penalties or having the disclaimers deemed ineffective.