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The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults". To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are.
Bloomfield Motors, Inc., 32 N.J. 358, 161 A.2d 69 (N.J. 1960), the New Jersey Supreme Court held that an automobile manufacturer's attempt to use an express warranty that disclaimed an implied warranty of merchantability was invalid.
The warranty of merchantability is implied unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults." To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations.
we, our suppliers, and authorized distributors give no express warranties or guarantees nor implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringment. your only remedy for any defective software is replacement of the software.
all warranties, express, implied or statutory, to licensee, or any other party, for software and services provided under this agreement are hereby disclaimed in their entirety, including but not limited to the implied warranties of merchantability and fitness for a particular purpose or other warranties for non-infringement, satisfactory ...
we, our suppliers and distributors disclaim all express and implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-interference, non-infringement or accuracy, unless such implied warranties are legally incapable of exclusion.
Implied warranty of fitness—Implied warranty of fitness arises when the seller knows the buyer is relying upon the seller's expertise in choosing goods. Implied warranty of merchantability: every sale of goods fit for ordinary purposes. Express warranties: arise from any statement of fact of promise.
"The Services and all information, products, and other content included in or accessible from the Services are provided "as is" and without warranties of any kind (express, implied, and statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose), all of which Merriam-Webster expressly ...