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.

Mentioned in ?

Sale of Goods Act 1979

References in periodicals archive ?

The clarity of the regime has arguably been improved in some respects, particularly with the introduction of a new standard of 'acceptable quality', replacing that of 'merchantable quality', and by requiring traders at least to alert consumers to the possible overlap between statutory consumer guarantees and the 'extended warranties' sometimes purchased by consumers in conjunction with goods.

The new consumer guarantee law and the reasons for replacing the regime of statutory implied terms in consumer transactions

(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

Antipodean alignment: impact of the proposed Australian Consumer Law

Kirkdale's after-sales manager Karen Phillips said: "I cannot agree that the suite purchased was not of merchantable quality and indeed it is fit for the purpose for which it was intended."

Sunday Mail Judge; pounds 1500 FOR A HOLIDAY AND WE'RE STRANDED AT HOME

It is not clear, in law, what is meant by merchantable quality. However, it appears to imply that any goods sold must -- based on their description -- meet the reasonable expectations of the buyer.

Implied conditions in sale of goods legislation

The consumers are entitled to compensation if the goods they buy are not of merchantable quality, are not fit for their purpose, do not match the description or sample, have detects, the spare parts and repairs for the product are not available, etc.

A strategy for consumer protection in Pakistan

Current legislation provides that where goods are sold, there is an implied condition that they must be of merchantable quality. The definition given of "merchantable quality" is that goods must be fit for the purpose for which they are actually bought.

Defective goods: liability under the new law

For example, the provision on merchantable quality in the United Kingdom Sale of Goods Act 1979 reads as follows:

Measures for ensuring quality conformance in imports

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.

Dairy products

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.

Conning the IADC Newsletters

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.

Duke to sue plane makers

He said that while the beetles were harmless, their presence would render the sweets not of merchantable quality.

BEETLE MUNCH GIRL, 15 IN pounds 5K PAYOUT

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.