Warranty of Merchantability


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Warranty of Merchantability

A guarantee by a seller that a good or service reasonably meets the buyer's expectations. For example, if one buys a telephone, the warranty of merchantability requires the seller to ensure that the phone is able to make and receive calls. The warranty of merchantability is implied unless the seller specifically states otherwise. See also: Caveat emptor.
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THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Plaintiffs also assert claims for design defect, negligent misrepresentation, breach of implied warranty of merchantability and breach of Camas' express ten-year performance warranty.