Merchantability definition

Merchantability. As per section 16(3), if the goods are sold on the basis of description, there is a tacit condition that these are of merchantable quality.
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Merchantability. OR "SUITABILITY" OR "FITNESS FOR A PARTICULAR PURPOSE" OR "NONINFRINGEMENT" OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY TO YOU OR ANYBODY ELSE AS A RESULT OF ANY DEFECTS, HIDDEN OR OTHERWISE, IN THE EQUIPMENT UNDER "STRICT LIABILITY" LAWS OR ANY OTHER LAWS. WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR GOODWILL. WE MAKE NO WARRANTY AS TO THE TREATMENT OF THIS LEASE FOR TAX OR ACCOUNTING PURPOSES. If the Equipment is unsatisfactory, you will continue to pay us all rent and other amounts you are required to pay us. You must seek repair or replacement of the Equipment solely from the Manufacturer or Supplier and not from us. You may use our rights under any Manufacturer or Supplier warranties on the Equipment to get it repaired or replaced. Neither the Manufacturer nor the Supplier is our "agent," so they cannot speak for us and they are not allowed to make any changes in this Lease or any Schedule, or give up any of our rights.
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Merchantability means it is guaranteed to work as claimed. For instance, a vacuum cleaner that does not create enough suction to clean an average floor is in breach of the implied warranty of merchantability. “Merchantable” means the inclusion of the following criteria: (i) They must conform to the standards of the trade as applicable to the contract for sale; (ii) They must be fit for the purposes such goods are ordinarily used, even if the buyer ordered them for use otherwise; (iii) They must be uniform as to quality and quantity, within tolerances of the contract for sale; (iv) They must be packaged and labeled per the contract for sale; (v) They must meet the specifications on the package labels, even if not so specified by the contract for sale.
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Examples of Merchantability in a sentence

  • The Provider hereby includes all warranties, whether expressed or implied, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness for a Particular Purpose.

  • PayPal specifically disclaims any implied warranties of: • Title, • Merchantability, • Fitness for a particular purpose, • Non-infringement.

  • We also provide no Warranty of Merchantability, Warranty of Fitness for Particular Purpose, or warranty against non-infringement of third-party rights regarding any software, browser, equipment, or other services.

  • PayPal specifically disclaims any implied warranties of: • Title; • Merchantability; • Fitness for a particular purpose; and • Non-infringement.

  • A chemical or compound that may negatively impact the Merchantability of Renewable Gas.

  • Except As Expressly Provided Otherwise Herein And To The Maximum Extent Permitted By Applicable Law, Anywhere Cart Disclaims All Other Warranties With Respect To The Product, Whether Express, Implied, Statutory Or Otherwise, Including Without Limitation, Satisfactory Quality, Course Of Dealing, Trade Usage Or Practice Or The Implied Warranties Of Merchantability, Fitness For A Particular Purpose Or Noninfringement Of Third Party Rights.

  • The Provider hereby includes all warranties, whether expressed or implied, including, but notlimited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness for a Particular Purpose.

  • PayPal specifically disclaims any implied warranties of: • Title; • Merchantability; • Fitness for a particular purpose; and • non-infringement.

  • Any warranties so provided shall supplement, and shall not limit or reduce, any rights afforded to County by any clause in this Agreement, any applicable Uniform Commercial Code warranties, including, without limitation, Implied Warranty of Merchantability and Implied Warranty of Fitness for a Particular Purpose as well as any other express warranty.

  • Merchantability and fitness for a particular purpose are disclaimed to the fullest extent of law.


More Definitions of Merchantability

Merchantability means that the Unit is fit for the ordinary purpose for which such goods are used. Offeror expressly disclaims any implied warranty of merchantability in exchange for granting this Option and in exchange for the promises set forth in Section 4, Offeror’s Promises, and Section 5, Offeree’s Promises.
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Merchantability means that there is no defect in the goods, which renders them unfit for sale. Thus,
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Merchantability means to pass without objection in trade under the terms of this Agreement; be fit for the ordinary purposes for which goods under this Agreement are used; run, within the variations permitted by this Agreement, of even kind, quality and quantity within each unit and among all units involved; and be adequately contained, packaged, and labeled as this Agreement may require.
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Related to Merchantability

  • Warranty means any one of them.

  • durability means the ability of components and systems to last so that the environmental performance can still be met after a mileage set out in paragraph 2.4. and so that vehicle functional safety is ensured, if the vehicle is used under normal or intended circumstances and serviced in accordance with the manufacturer’s recommendations.

  • Quality means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs;

  • Warranties - means collectively any and all warranties (if any) given by the Bidder in terms of this agreement.

  • Extended Warranty means an agreement for a specified duration to

  • Representation means a draft, agreement, undertaking, representation, warranty, promise, assurance or arrangement of any nature whatsoever, whether or not in writing, relating to this Agreement, made or given by either Party or any other person at any time prior to the Execution Date.

  • Harassment, intimidation, or bullying means any gesture, any written, verbal or physical act, or any electronic communication, as defined in N.J.S.A. 18A:37-14, whether it be a single incident or a series of incidents that: