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Author Topic: Implied Warranties  (Read 2870 times)
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menusux
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« on: June 20, 2009, 06:21:40 PM »

Ever since the 2007 recalls, I've found this topic quite interesting.

http://en.wikipedia.org/wiki/Implied_warranty

"In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties irrespective of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home.

"The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults." To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does not meet the standards for such fruit "as passes ordinarily in the trade".

"The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request.

http://en.wikipedia.org/wiki/Implied_warranty#Fitness_for_a_particular_purpose

"An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose.

http://en.wikipedia.org/wiki/Implied_warranty#Merchantability

"An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold.

http://en.wikipedia.org/wiki/Implied_warranty#Disclaimer_of_an_implied_warranty

"In some jurisdictions, an implied warranty in a sales contract can be expressly disclaimed by the use of specific language, such as the words, "as is" or "with all faults"."

Never saw "as is" or "with all faults" spelled out on a PF package or label.  Roll Eyes
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