The UCC allows sellers to disclaim the implied warranty of merchantability, provided the disclaimer is made conspicuously and the disclaimer explicitly uses the term " merchantability " in the disclaimer.
42.
Anybody venturing into a shopping mall, warehouse discount store or any outlet of " Toys R To Bust " during the holiday season forfeits any implied warranties with the Intermediate Eater.
43.
Implied warranties are broader in scope and assure consumers that the retail product would meet certain minimum standards of quality whereby the product is fit for use for the purpose intended.
44.
Where the principal is not bound because the agent has no actual or apparent authority, the purported agent is liable to the third party for breach of the implied warranty of authority.
45.
: there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows : 1.
46.
In the United States, prominent examples include, in the case of products, an implied warranty of merchantability and fitness for a particular purpose, and in the case of homes an implied warranty of habitability.
47.
In the United States, prominent examples include, in the case of products, an implied warranty of merchantability and fitness for a particular purpose, and in the case of homes an implied warranty of habitability.
48.
And while every new home in New Jersey comes with the same basic warranty, builders in New York are free to negotiate with buyers to modify or even eliminate the protection of the implied warranty.
49.
In the suit, the Kims say Odwalla " breached its implied warranty of the merchantability and fitness for a particular purpose by selling and serving juice which was contaminated and unfit for human consumption ."
50.
Gorman's product liability claim says the machine was sold to her without a box, instructions, or operating guides, and that Kmart, in selling the defective machine to her, breached an implied warranty that insured safety.
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