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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.
Another implied warranty is the warranty of title, which implies that the seller of goods has the right to sell them (e.g., they are not stolen, or patent infringements, or already sold to someone else). Theoretically, this saves a buyer from having to "pay twice" for a product, if it is confiscated by the rightful owner, but only if the seller ...
Breach of either a condition or a warranty will give rise to damages. It is an objective matter of fact whether a term goes to the root of a contract. By way of illustration, an actress's obligation to perform the opening night of a theatrical production is a condition, [ 5 ] whereas a singer's obligation to perform during the first three days ...
It applies to any dispute, action, or other controversy between you and us concerning the Services (including their price) or this TOS, whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability or scope of this arbitration provision.
"As is" is a phrase used to indicate the existing condition of something without any modifications or improvements. [1] The term is employed in legal, business, and consumer settings to establish that an item or property is being sold or provided in its current condition, [2] [3] with no warranties or guarantees regarding its quality.
The clause allows the lender to claim insurance funds to restore the home and sell it. ... For example, say you buy a house for $500,000 with a $100,000 down payment and a $400,000 mortgage. To ...
An extended warranty, sometimes called a service agreement, a service contract, or a maintenance agreement, is a prolonged warranty offered to consumers in addition to the standard warranty on new items. The extended warranty may be offered by the warranty administrator, the retailer or the manufacturer.
An example is the purchase of a new vehicle; the clause allows the vehicle to be covered for a short period of time until the owner can notify the insurance company of the purchase and provide the vehicle information (along with any vehicles that were traded in and thus to be removed from the policy).
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