Warrantees

Question 1

What are the ways that the implied warrantee of merchantability can be waived?

Answer 1

A oral statement or a conspicuous written statement including the term merchantibility.

“As is” language

If the defects would be observable upon inspection, and the buyer accepts the good upon inspection or after refusing to conduct an inspection

Course of dealing, course of performance, trade usage

Question 2

What is the implied warrantee of merchantability?

Answer 2

This is an implied promise that goods to be sold are fit for ordinary use and accord with the seller’s representations. This promise is only implied when the seller is a merchant.

Failure of goods to hold up to the implied warrantee of merchantability is breach.