merchantable quality


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merchantable quality

a legal term used to describe products which are satisfactory insofar as they are fit for the purpose intended. See SALE OF GOODS ACT, 1979.
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13) Of particular importance were implied conditions that goods would be of merchantable quality (14) and fit for any purpose that the consumer made known to the supplier, (15) and an implied warranty that services would be provided with due care and skill.
d) Part V, Division 2A: imposing strict liability on manufacturers and importers, such that goods must be of merchantable quality and fit for purpose; and
Note that if the buyer inspects the goods (as opposed to just the packaging), the implied condition of merchantable quality may not apply.
But should anyone try to apply the idea of merchantable quality to software, however, there is no guarantee that any subsequent legal case would ever stick.
Current legislation provides that where goods are sold, there is an implied condition that they must be of merchantable quality.
For example, the provision on merchantable quality in the United Kingdom Sale of Goods Act 1979 reads as follows:
The contract is the supply of milk and milk products to educational Team Capital City Nursery Accessories Warsaw, corresponding to the commercial quality specified in the applicable provisions of merchantable quality or declared by the manufacturer in the marking of these articles.
In interpreting Sections 74B and 74D of the Trade Practices Act 1974, the court (at both first instance and on appeal), held that a cardiac pacemaker was not of merchantable quality in circumstances where the device in question had never failed or otherwise malfunctioned.
In a High Court writ the duke's lawyers allege that Cessna and its agents failed to design, make, service and sell an aircraft of merchantable quality.
He said that while the beetles were harmless, their presence would render the sweets not of merchantable quality.
Few contracts for the supply or maintenance of such services or systems will contain specific guarantees that the equipment is Millennium compliant, but they may include warranties that the equipment is of merchantable quality and fit for its intended pu rpose.
This legislation provides a purchaser with certain warranties including fitness for the purposes (the product can perform the task that it is supposed to be able to do) and merchantable quality (the product is essentially workable and usuable).