merchantability

It is important to remember that the question of merchantability cannot be divorced from the contract description.

Even so, the obligation of merchantability will still remain.

The determination of merchantability is at the point of delivery.

The overlap here with the merchantability provision is obvious and often the two will coincide.

In international sales law, merchantability forms part of the ordinary purpose of the goods.

Most consumer products carry an implied warranty of merchantability.

Be that as it may, the buyer can still rely on the general merchantability provision in s14(2).

Before considering the implied terms of merchantability and fitness for purpose, some common themes applicable to both must first be discussed.

Its appearance is part of its merchantability.

The Program and its documentation are licensed 'as is' without warranty as to their performance, merchantability or fitness for any particular purpose.

Two tests for merchantability emerged from the survey of the old authorities by the House of Lords.

Indeed, it could be argued that where instructions are not adequate there may be a breach of the merchantability provision.

Why risk entanglement in long, drawn-out disputes over implied warranties of merchantability or fitness?

Implied warranty of merchantability: every sale of goods fit for ordinary purposes.

Overlapping coverage, albeit wasteful in some respects, ultimately contributed to the certainty and merchantability of bills of lading.

The Court of Appeal in finding against merchantability laid emphasis upon the reasonableness of the degree of fitness to be expected.

The warranty of fitness applies to all sellers, unlike warranty of merchantability which applies only to professional merchants.

If the merchandise is sold with an express "guarantee", the terms of the implied warranty of merchantability will fill the gaps left by that guarantee.

If the terms of the express guarantee are not specified, they will be considered to be the terms of the implied warranty of merchantability.

These tools are not mandatory for uninstallers and are added mainly to improve the merchantability (since pure uninstallers are unpopular today).

Some jurisdictions, however, limit the ability of sellers or manufacturers to disclaim the implied warranty of merchantability or fitness, such as Massachusetts.

(f) Merchantability and price The issue of price may also be relevant in the determination of 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.

At common law, the merchantability undertaking was excluded by the mere opportunity for pre-contract examination which is retained in the case of sales by sample (see p62).

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."