I am selling specialized industrial products to a Polish company who will use them at a site in Poland. We have hired a Polish lawyer to help us understand/exclude as many implied warranties as possible under Polish law, but have set the applicable law under the contract to New York state law.
Under US law, there are implied warranties as outlined by the UCC (fitness for purpose and merchantability):
“Unless excluded or modified, a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.”
“Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.”
For safety's sake, our lawyers have advised us to include the express warranties for merchantability and fitness of purpose in bold or ALL CAPS just in case, but during contract negotiations with our client they tell us that it is a typographical nightmare and they would kindly like us to remove the formatting so it doesn't look so hideous.
What risks (if any) should we be aware of taking on if we remove the formatting from this standard exclusion of warranties?