Can a seller sell you a product "as is" and also sell you a service contract?

Generally not: under federal law a seller that gives you a written warranty, or enters into a service contract with you at the time of sale or within 90 days after, can't disclaim the implied warranties on that product.

The short answer

The rule: no supplier may disclaim or modify an implied warranty to a consumer if the supplier makes any written warranty on the product, or "at the time of sale, or within 90 days thereafter" enters into a service contract with the consumer that applies to the product (15 U.S.C. § 2308(a)).¹
The effect: a disclaimer made in violation of that section is ineffective for purposes of the Act and under state law (§ 2308(c)).¹
One exception the FTC describes: a seller that only sells service contracts as an agent of a service contract company, and does not itself extend a written warranty, can disclaim implied warranties.²
State law still matters: the FTC notes that some states restrict or bar "as is" sales and a few have special rules on how an "as is" notice must be worded.²

Why it matters

"As is" is a common way a seller tries to say "no promises." It is aimed at the implied warranties — the unwritten promises the law reads into a sale. This rule is where the two halves of this site's thesis meet: a service contract is not a warranty, yet selling one can take away the seller's ability to say "as is." The Act covers any consumer product, so it reaches a used car, an appliance or a phone alike.³

What an implied warranty is

Under the Act, an implied warranty is one that arises under state law in connection with the sale of a consumer product (15 U.S.C. § 2301(7)).³ The FTC's consumer page describes the two common ones: a "warranty of merchantability" (a product will do what it's supposed to do — a car will run and a toaster will toast) and a "warranty of fitness for a particular purpose" (the product suits a job the seller recommended it for).⁴ Per the FTC's guide, implied warranties on used goods apply when the seller is a merchant who deals in such goods, not when a private individual sells.²

The two triggers in § 2308(a)

A written warranty. If the supplier makes any written warranty on the product, however narrow, it cannot disclaim or modify implied warranties. The FTC's guide says the same: no matter how broad or narrow the written warranty, the customer keeps the basic implied warranty of merchantability.¹²
A service contract within 90 days. If, at the time of sale or within 90 days after it, the supplier enters into a service contract with you that applies to the product, the same bar applies.¹ A service contract here means a written contract to perform, over a fixed period or for a specified duration, services relating to maintenance or repair of a consumer product (§ 2301(8)).³

One permitted change remains. A supplier giving a limited written warranty may limit the duration of implied warranties to the duration of a written warranty of reasonable duration, if the limit is conscionable and set out in clear and unmistakable language, prominently displayed on the face of the warranty (§ 2308(b)). A supplier giving a "full" warranty may not limit them at all (§ 2304(a)(2)).¹⁵

The agent exception, and its limits

The statute speaks of the "supplier" that "enters into" the service contract. The FTC's guide says sellers that make service contracts on their products are barred from disclaiming, while a seller of consumer products that merely sells service contracts as an agent of service contract companies and does not itself extend written warranties can disclaim implied warranties on the products it sells.² Whether a particular seller is acting as an agent or as a party is a question of the contract in front of you. This page states the statute and the FTC's published guidance; it does not survey court decisions, which can differ by state.

Where "as is" still works, and where it doesn't

Sellers with no written warranty and no service contract. The FTC's consumer page says implied warranties cover products unless the seller gives written notice there is no warranty, or marks the product "as is," "if your state law allows that."⁴
Some states do not allow it. The FTC's guide: "Some states do not allow you to sell consumer products 'as is'," and a few have special laws on how an "as is" disclosure must be phrased.² We do not list states here. See our lemon laws guide for the used-car picture, and check your own state's statute.
A used-car dealer's window sticker. A separate federal rule, the FTC's Used Car Rule and Buyers Guide, governs what a dealer must disclose; see the Buyers Guide and service contracts.

As of 30 September 2026: § 2308 reads as above in the U.S. Code (2023 edition on govinfo.gov).¹ The FTC guide is dated December 2006 (portions updated March 2018); the agent-seller statement comes from its text on offering service contracts.² We update this page if § 2308 is amended or the FTC revises that guidance.

Practical steps

If a seller offers a service contract and also says the product is "as is," ask whether the seller itself is the party to the service contract, or only sells it for another company.
Keep the date of sale and the date you signed any service contract; the 90-day window runs from the sale.
Read the "as is" wording against your state's rules before relying on it in either direction.
For an existing dispute, see where to file a warranty complaint.