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The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow.
The warranty of fitness for a particular purpose is implied unless disclaimed when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide tires for use on snowy roads and receives tires that are unsafe to use in snow.
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.
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.
The modern trend in the U.S. is that the implied warranty of fitness for a particular purpose applies in the real-estate context to only the sale of new residential housing by a builder-seller and that the caveat emptor rule applies to all other real-estate sale situations (e.g. homeowner to buyer). [3]
accordingly, we and our suppliers, licensors and distributors specifically disclaim any express or implied warranty of fitness for high risk activities. you agree that the aol will not be liable for any claims or damages arising from the use of the applications in such high risk activities. 22. u.s. government end-users.
Certain types of implied warranties must be specifically disclaimed, such as the implied warranty of title. "As is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent.
Implied easements are created without a contract and require necessity and prior use, as in the example of the driveway above. Express easements are formed through a legal contract and are put ...