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 ?

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.

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

Note that if the buyer inspects the goods (as opposed to just the packaging), the implied condition of merchantable quality may not apply.

Implied conditions in sale of goods legislation

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.

Will your IT investment become history?

Current legislation provides that where goods are sold, there is an implied condition that they must be of merchantable quality.

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.

Early action can prevent failure

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).