Merchantability

Implied Warranty Of Merchantability

This is the most common type of implied warranty. It means that the seller promises that the product will do what it is supposed to do.

The Uniform Commercial Code UCC states that goods sold:

  • Must conform to the standards of the trade as applicable to the contract for sale
  • Must be fit for the purposes such goods are ordinarily used, even if the buyer ordered them for use otherwise
  • They must be uniform as to quality and quantity, within tolerances of the contract for sale
  • They must be packed and labelled per the contract for sale
  • They must meet the specifications on the package labels, even if not so specified by the contract for sale.

Implied Warranty Of Merchantability

This is the most common type of implied warranty. It means that the seller promises that the product will do what it is supposed to do.

If the seller deals in the kind of goods sold, there is an implied warranty that the goods are fit for the ordinary purpose for which they are used. This may happen when you rely on the information they give you when you enter into the purchase agreement.


No Implied Warranty Of Merchantability

The implied warranty of merchantability can be waived:

  • If the buyer examines the goods or samples in the detail they need to satisfy themselves of its suitability.
  • The buyer has the opportunity to examine the goods but refuses.

There is no implied warranty of merchantability if defects that should have been revealed by examination arise later.


Also see:

What is a warranty?

What Is An Implied Warranty?

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