Merchantability definition

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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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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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.

  • Breaches of Express Warranty, Implied Warranty of Merchantability and Magnuson Moss Warranty Act, 15 U.S.C. §§ 2301, et seq.

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

  • In addition to any other warranties expressed or implied, the specific warranties of Merchantability and Fitness for a Particular Purpose apply to all orders placed as a result of this solicitation.

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

  • Breaches of Express Warranty, Implied Warranty of Merchantability andMagnuson Moss Warranty Act, 15 U.S.C. §§ 2301, et seq.

  • 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.

  • Merchantability and QualityBidder warrants that the goods will be of merchantable quality, free from defects in materials and workmanship, and will conform to the descriptions and specifications contained in this document and in bidder’s catalogs, product brochures and other representations, depictions or models of the goods.Specify your warranty/guarantee beyond that stated above in definite terms.

  • Merchantability and QualitySeller warrants that the goods will be of merchantable quality, free from defects in materials and workmanship, and will conform to the descriptions and specifications contained in this document and in seller’s catalogs; product brochures; and other representations, depictions, or models of the goods.

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


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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Related to Merchantability

  • Warranty means a warranty made solely by the manufacturer,

  • 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;

  • The Software means the software designed and developed by the Consultant or the Consultant’s Personnel, and includes the source code and object code along with associated documentation, which is the work product of the development efforts envisaged in the Terms of Reference. It does not include commercial off-the-shelf licensed software (except for the customisation components of such products).

  • 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

  • The Equipment means any equipment, computer hardware or software, materials, goods and vehicles and associated services necessarily required for the implementation of the Services, which the Supplier cannot reasonably be expected to provide, which are financed or provided by DFID for use by the Supplier.

  • Repeatability means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.

  • Counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Latent Defects means such defects caused by faulty designs, material or work-man- ship which cannot be detected during inspection, testing etc, based on the technology available for carrying out such tests.

  • Representation means any representation as to fact or law, including a representation as to the state of mind of—

  • Improvement warranty means an applicant's unconditional warranty that the

  • compatibility means compatibility as defined in point (10) of Article 2 of Directive (EU) 2019/770;

  • Limit of Quantitation or “LOQ” means a measurement of the concentration of a contaminant obtained by using a specified laboratory procedure calibrated at a specified concentration above the method detection level. It is considered the lowest concentration at which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the contaminant. This term is also sometimes called limit of quantification or quantification level.