Risk and liability
Warranty
A promise you make about the work: that it is original, that you have the right to deliver it, and sometimes far more. Overbroad warranties create hidden risk.
What it means
A warranty is a promise you make in the contract about the work or about yourself: commonly that the work is original, that you have the right to deliver it, and that it does not infringe anyone else's rights. Warranties often sit right next to the indemnity, and together they decide how much you are guaranteeing.
Why it matters
A reasonable warranty covers what you can actually control. The problem is the overbroad version: promising the work will meet undefined standards, achieve a result, or be free of any defect, "error-free" software or content that will "not infringe any third-party right anywhere." When an overbroad warranty is paired with an uncapped indemnity, a single disputed claim can trigger unlimited liability over a promise you could never fully guarantee.
What fair looks like
- Warranties limited to what you control: the work is your original work, you have the right to grant the rights in the contract, and to your knowledge it does not knowingly infringe.
- A "to the best of my knowledge" qualifier on infringement, rather than an absolute guarantee about the entire world's IP.
- No warranty of a specific business result (rankings, revenue, performance) you do not control.
- Warranties sit under the liability cap, so a breach cannot create unlimited exposure.
Related reading
See indemnity and liability cap for the clauses a warranty interacts with, and the uncapped liability guide.