Warranties

Question 1

Express Warranty

Answer 1

UCC

Any promise, affirmation, description, or sample that is part of the basis of the bargain is an express warranty unless it is merely the seller’s opinion.

Express warranties and disclaimers (or limitations) construed as consistent to a reasonable extent. Unreasonable (over broad, contradictory) waivers/disclaimers are inoperative.

Question 2

Implied Warranty of Merchantability

Answer 2

UCC

A warranty of merchantability is implied whenever the seller is a merchant. To be merchantable, goods must be fit for their ordinary purpose and pass without objection in the trade under the contract description.

Can be disclaimed in writing by conspicuous “as is” or “with all faults”, etc.; or orally but must say merchantability.

Question 3

Implied Warranty

of

Fitness

for a

Particular Purpose

Answer 3

A warranty that the goods are fit for a particular purpose is implied whenever the seller has reason to know that the buyer has a particular use fo rthe goods, and the buyer is relying upon the seller’s skill to select the goods.

• no merchant required
• can be disclaimed in writing only,
• general disclaimer, “as is” works