Inclusion of the reserve rule in an agreement – the purpose of including the « how is where is » clause as a contractual provision The provision always describes a situation in which the user accepts the software and service « as intended ». But it`s not as obvious and striking as it would be if the language « As Is » or « As Available » was actually present. This shows how « As Is » and « As Available » act as terms of clarification, even if they are not technically prescribed by law. The common law principles that have developed in accordance with this doctrine are that even if the seller is aware of such issues, the seller is not required to disclose to the purchaser patent defects (regardless of ownership or quality) and latent quality defects or other objects (unlike legal defects) that could adversely affect the value of the property sold. Moreover, this rule is relevant even if the « how is where is » clause is absent from the treaty. If a joint review is not possible, make sure there is a clause in the sales contract that imposes a contractual obligation on sellers to maintain the property in the same condition as at the time of the offer to purchase, with the exception of fair wear and tear.