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Contracts excluded [LWN.net]
farnz · 2026-06-19 · via LWN.net comments

Contracts excluded

Posted Jun 19, 2026 13:47 UTC (Fri) by farnz (subscriber, #17727)
In reply to: Contracts excluded by jch
Parent article: Stenberg: curl summer of bliss

The EU's implicit warranties can, in virtually all circumstances, be extinguished by fully refunding the customer everything that they've paid for the item and arranging to collect it for disposal (if appropriate to the product class). AFAICT, all the current exceptions to this rule require that you had knowledge of the customer's intended use case, and sold it to them anyway.

The required warranties in the EU all kick in when it's either sold, or (in our post-CRA world) where it's a companion digital element to a sold product. The cURL team are talking about a case where they didn't sell anything, and thus neither of those kick in. As a result, no implicit warranty required by law.