As-is, where-is: the standard closeout sale term
As-is, where-is means the buyer accepts the goods in their present condition and collects them from where they are, usually with no warranty about quality or fitness. It is the most common term in closeout and liquidation sales, and it puts the burden on the buyer to inspect and ask before paying.
Reviewed by Tyler Kober · Updated
Key takeaways
- As-is covers condition: no warranty that goods work or meet a standard. Where-is covers location: you collect.
- As-is does not usually excuse a seller from describing the goods honestly.
- Inspect, ask for photos and agree in writing what happens if goods differ materially from the description.
What does as-is, where-is mean?
As-is, where-is is a sale term with two parts. As-is means the buyer takes the goods in their current condition, with no warranty that they work or meet any standard. Where-is means the goods are sold at their current location, and the buyer collects them. Together they put inspection and logistics on the buyer.
How it is used in closeout deals
Most closeout, liquidation and salvage loads are sold as-is, where-is. Sellers use it because they cannot test every unit and do not want claims after the goods leave. For buyers, it changes the order of work:
- Ask before you buy: condition, source, manifest method, photos, known issues.
- Inspect if you can, or ask for photos of specific pallets.
- Agree on exceptions in writing: for example, a large count shortage or a different product than described.
- Plan pickup: dock, loading help, appointment, and who carries risk during loading.
Under US commercial law, words like "as is" generally exclude implied warranties of quality, but they do not usually excuse misrepresentation. This page is general information, not legal advice; the written terms of your deal and the law where it was made decide any dispute, so ask a lawyer before relying on either.
Example
A buyer purchases a truckload of untested electronics returns as-is, where-is. On sorting, a share of units do not power on. That is the risk the buyer accepted and priced in. But if the truck had arrived with half the pallets listed, or with furniture instead of electronics, that would be a description problem, not a condition one, and the written terms would decide what happens next.
The common confusion
People read as-is as "anything goes." It covers condition, not identity or quantity. A seller who describes goods honestly and sells as-is is doing normal business; a seller who misdescribes goods and points to as-is is not. Another confusion: where-is is often the same practical arrangement as EXW for exports, which puts export clearance on the buyer unless the contract says otherwise. As-is is the norm for salvage. See condition terms explained and contracts in closeout deals.
Related terms
Frequently asked questions
Can I return goods bought as-is, where-is?
Generally not for condition reasons, because you accepted the goods as they are. But as-is does not usually cover goods that are materially different from what was described, such as a different product or a large shortage. Agree in writing what happens in those cases before you pay.
Does as-is mean the seller can hide defects?
As-is generally excludes implied warranties of quality under US commercial law, but it does not usually protect a seller who misrepresents goods or hides known problems. Honest sellers describe condition clearly even in as-is sales. If a seller will not answer basic questions, treat that as a warning sign.
What does where-is mean for freight?
It means the goods are sold at their current location and the buyer arranges and pays for pickup. Loading help, dock access, appointment times and who is responsible for damage during loading should be confirmed. For export, where-is is close to an EXW arrangement unless the contract says otherwise.
Related
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