merchantability

The warranty of fitness for a particular purpose is akin to the warranty of merchantability, but applies only when a buyer specifies a use for the product 'which is peculiar to the nature of his business.' The Egans contend that defendants breached their implied warranty of fitness for a particular purpose because the HVAC system was used to heat and cool 'their rather unique property: a five-story, 21,000 square-foot home containing valuable artwork.' That assertion fails as a matter of law.

A diner who is served food that causes illness has three possible grounds on which to sue: breach of warranty of merchantability, strict products liability, and negligence.

The first, "warranty of merchantability," is implied in every produce contract, unless it is waived by the parties.

These special implied warranties are twofold: the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose.

The implied warranties of merchantability and fitness of purpose and all other warranties, whether expressed or implied, are excluded from this transaction and shall not apply to this guide.

Typically, this does not involve an express warranty but, rather, a potential breach of implied warranty of merchantability or fitness for a particular purpose.

And for that charge, the credit provider takes responsibility in law for the 'merchantability' of the goods.

Johnson Polymer, LLC neither makes nor authorizes to be made any express or implied representation or warranty with regard to this product concerning the performance, use, fitness for particular purpose, suitability for use on any surface or merchantability of this product, whether used alone or in combination with other products.

Nothing contained herein is meant to provide legal advice or to create any warranties, expressed or implied, including any warranties of merchantability or fitness for a particular purpose.

For example, disclaimer of implied warranties of merchantability in a sale to a consumer must be conspicuous, meaning that the language must be in a larger font, and, preferably, bold.

This would be the perfect time to try new things and, dare I say it, invest in their own merchantability. It's not too late.

SLNG, or rather SLNG's customers, took the position that the merchantability standard is independent from the quantitative tariff specifications and could be used as a form of 'trump card' to override these quantitative specifications.

said the sales record was made despite the slumping Japanese economy due to ''competitive pricing'' of the Alfa Romeo vehicles and their ''high merchantability.''