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	Warranty - Wikipedia, the free encyclopedia
		The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase " as is " or "with all faults." To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are.
		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).
		An extended warranty may be included in the purchase price, or optionally extended for an additional fee, and may be for some ambiguous ordinary "lifetime" of the product (not the customer).
	en.wikipedia.org /wiki/Warranty (1079 words)

	Mirick O'Connell
		The effect of the implied warranty is to provide consumers with a cause of action against a builder for a home that is unsafe because it deviates from fundamental aspects of the applicable building codes, is structurally unsound, or fails to keep out the elements due to defective construction.
		The test for establishing a breach of the implied warranty for condominium unit owners is the same as for single-family houses except that the latent defect must be in the condominium unit.
		Although it is not possible to prevent a homebuyer from making a claim under an implied warranty, a builder could help his or her case by encouraging the buyer to have the home inspected at various stages during the construction.
	www.modl.com /press.php?id=3 (479 words)

	44-1267 - Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies
		In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied warranty of merchantability are also excluded.
		An attempt to exclude, modify or disclaim the implied warranty of merchantability or to limit the remedies for a breach of that warranty, except as otherwise provided in this section, in violation of this subsection renders a purchase agreement voidable at the option of the purchaser.
		The implied warranty of merchantability expires at midnight of the fifteenth calendar day after delivery of a used motor vehicle or when a used motor vehicle has been driven five hundred miles after delivery, whichever is earlier.
	www.azleg.state.az.us /ars/44/01267.htm (764 words)

	A Businessperson's Guide to Federal Warranty Law
		Implied warranties are unspoken, unwritten promises, created by state law, that go from you, as a seller or merchant, to your customers.
		Implied warranties are promises about the condition of products at the time they are sold, but they do not assure that a product will last for any specific length of time.
		However, warranty advertising falls within the scope of the FTC Act, which generally prohibits "unfair or deceptive acts or practices in or affecting commerce." Therefore, it is a violation of the FTC Act to advertise a warranty deceptively.
	www.ftc.gov /bcp/conline/pubs/buspubs/warranty.htm (8544 words)

	NANCY DENNY ET AL., PLAINTIFFS, v. FORD MOTOR COMPANY, DEFENDANT.
		The court charged the jury that to recover for breach of implied warranty the plaintiff was required to establish that the Bronco II was not "reasonably fit for the ordinary purpose for which it was intended." That instruction is consistent with language found in UCC 2-314(c).
		While breach of implied warranty retains its contractual law characteristics when applied to commercial transactions, it has been consistently recognized that it is a tort when applied to personal injury litigation and that tort principles should apply.
		Implied warranties have been a part of our statutory law since at least 1911, long before any serious attempt was made to base tort liability on them (see, former Personal Property Law, § 96; now UCC § 2-314).
	www.law.cornell.edu /ny/ctap/I95_0274.htm (6898 words)

	Implied warranty of merchantability (Site not responding. Last check: 2007-11-06)
		implied merchantability warranty australian warranty vehicle warranty extended warranty automobile warranty vehicle warranty service mitsubishi extended warranty automobile extended warranty market warranty truck extended auto warranty chevy extended warranty
		Auto Repair Warranty, Inc. Extended warranty coverage for new, used or pre-owned cars, vans, trucks, and sport utility vehicles.
		Warranty House International technology-based aerospace services company specializing in warranty and outsourced warranty audit services.
	www.serebella.com /encyclopedia/article-Implied_warranty_of_merchantability.html (241 words)

	State of Maine Attorney General - Augusta, Maine
		When a defect within the scope of the express warranty is discovered and brought to the warrantor's attention before expiration of the express warranty period, the warrantor must remedy the defect or be liable for breach of the warranty.
		This implied warranty automatically comes with any new or used item and must be honored by both the manufacturer and the store that sold it to you.
		This warranty protects you if the seller knows you are purchasing an item for a particular use and you rely on his promises that the item is suitable for that use.
	www.maine.gov /ag/index.php?r=clg&s=chap4 (2695 words)

	liibulletin: Denny v. Ford Motor Co.
		UCC § 2-318, the remedy of implied warranty of merchantability is available to any plaintiff who may be personally injured by the product.
		The court found that the viability and separate nature of the breach of implied warranty cause of action is evidenced by its retention and expansion in New York's version of the Uniform Commercial Code (UCC §§ 2-314 (2)(c) - 318).
		For example, one of the primary reasons that implied warranty is still often accepted as a basis of liability is the longer statute of limitations.
	www.law.cornell.edu /nyctap/comments/i95_0274.htm (1940 words)

	Implied warranty of fitness (Site not responding. Last check: 2007-11-06)
		implied warranty vehicle warranty automobile warranty extended warranty australian warranty extended auto warranty market warranty truck automotive extended warranty chevy extended warranty mitsubishi extended warranty vehicle warranty service automobile extended warranty
		United American Warranty Provides extended warranty coverage for automobiles.
		Auto Warranty Group Direct sales for an automobile extended warranty provider.
	www.serebella.com /encyclopedia/article-Implied_warranty_of_fitness.html (253 words)

	Implied Warranty of Habitability in PA (Site not responding. Last check: 2007-11-06)
		The warranty of habitability is required by law in all leases (oral and written).
		There, in defense to his former tenants' complaint for recovery of all past rent paid, excessive utility bills, and intentional infliciton of emotional distress, the landlord demurred, invoking a clause in the written lease stating that tenants took the property in "as is" condition and knew the roof leaked.
		Gutierrez, 313 Pittsburgh L.J. The court concluded that "an attempted waiver of the implied warranty of habitability in residential leases is unconscionable and must be held to be ineffective." Fair, supra, at 60, 390 A.2d 240, 245.
	www.clsphila.org /warranty_of_habitability.asp.html (422 words)

	Warranty Rights FAQ (Site not responding. Last check: 2007-11-06)
		An express warranty is a verbal or written statement that guarantees that a product is of a certain quality or will work in a certain way or for a certain amount of time.
		But, an express warranty may also be a feature in an advertisement or on a sign in the store (for example, "all dresses 100% silk"), or it may be an oral description of a product's features that you rely on in making your purchasing decision.
		Sellers sometimes try to avoid implied warranties by selling a product "as is." This isn't always successful because the seller hasn't carefully followed state law requirements for disclaiming implied warranties, and because implied warranties can't be disclaimed when there is an express written warranty.
	www.nolo.com /article.cfm/ObjectID/99FA12AD-B11E-4AD5-B08F0009724D1BB4/catID/498F840B-0B7B-4A9A-AE102EC156E16660/104/284/164/FAQ (1107 words)

	Warranty Information :: Kohler
		To the extent permitted by law, Kohler Co. hereby disclaims all warranties for water filter systems used outside of the United States or Canada whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
		This warranty is to the original consumer purchaser only, and excludes product damage due to installation error, product abuse, or product misuse, whether performed by a contractor, service company or the consumer.
		KOHLER® Faucet Warranty Kohler Co. warrants its faucets manufactured after January 1, 1997, to be leak and drip free during normal residential use for as long as the original consumer purchaser owns his or her home.
	www.us.kohler.com /general/warranty.jsp (2672 words)

	IMPLIED WARRANTY APPLIED TO LOT BUYERS SAID HAD LATENT DEFECTS (Site not responding. Last check: 2007-11-06)
		The Illinois implied warranty of habitability applies to a vacant lot that is loaded with doctored fill.
		Arnold, 137 Ill.App.3d 412, (1985), the court held that the implied warranty of habitability was not applicable to the sale of an unimproved, vacant lot.
		the majority refused to apply the warranty to a commonly held clubhouse that contained defects in a residential development because it did not affect the habitability of the individual parties' residences.
	www.felahfd.com /HFDLaw/notebook/206.htm (997 words)

	LawKT.com: Law Firm Publications on Implied Warranty
		For example, Judge Robreno contrasted the implied warranty of habitability in a lease which is a “creature of contract law,” with the issue of whether a landlord has a duty to mitigate damages on the tenant’s breach, which is based on real property law doctrines in Pennsylvania.
		Most warranties similarly also can be disclaimed (although under the Maryland statute the implied warranty of merchantability of a computer program, implied warranty of fitness for a particular purpose, and consumer remedies for breach of those warranties cannot be disclaimed in a mass market transaction).
		The warranty arises when the licensor knows or has reason to know that the licensee is obtaining the license for a particular purpose and the licensee is relying on the licensor's expertise.
	www.lawkt.com /pubs/Implied_Warranty.html (7347 words)

	SurfWax: News, Reviews and Articles On Implied Warranty
		The period for any breach of this implied warranty by the builder is six years after discovery of the construction defect, but no more than eight years after completion of the home...
		The six-year implied warranty of a contractor cannot be waived by the...
		In addition to alleging breach of contract and breach of implied warranty, the museum is also alleging fraud and deceit, negligent misrepresentation and innocent misrepresentation, breach of the implied covenant of good faith and fair dealing, and violation of a Massachusetts law protecting consumers against unfair or deceptive practices, which carries triple damages.
	www.lawkt.com /files/Implied_Warranty.html (2182 words)

	Legal Definition of Implied Warranty Of Habitability
		The 'Lectric Law Library's Lexicon On * Implied Warranty Of Habitability *
		IMPLIED WARRANTY OF HABITABILITY - Law that exists in most states which governs residential rentals and asserts that regardless of what a lease says, the landlord must provide premises that are safe and liveable (habitable) at some basic level.
		Problems with essential building services and cleanliness are often breaches of the implied warranty and the landlord will be required to correct them.
	www.lectlaw.com /def/i013.htm (95 words)

	[No title] (Site not responding. Last check: 2007-11-06)
		In transactions in information, tort and contract law implied obligations, when they exist, typically hinge on assurances that no false information is provided as a result of a failure by the provider to exercise reasonable care in a context where the provider supplies information for the business guidance of a particular client.
		The warranty focuses on the program's documentation itself for the implied obligation, rather than seeking to discern "ordinary" characteristics in "similar" programs outside the mass market as would be required by a merchantability concept.
		Implied warranties relating to the accuracy of factual information are created with respect to information distributed to a client in a special relationship of reliance or in a situation where the author or publisher tailors the information content to the particular contract.
	www.law.upenn.edu /library/ulc/ucc2/ucc2b997.htm (17868 words)

	S.C. to Decide Whether Waivers of Implied Warranty Bind Homebuyers
		On remand, McCoy granted summary adjudication as to the implied warranty claims, finding that disclaimers of implied warranty contained in the sellers’ standard sales documents were reasonably conspicuous and were not procedurally or substantively unconscionable.
		Perluss went on to say that the “rigorous standard” of the Song-Beverly Consumer Warranty Act, which limits the enforceability of waivers of the implied warranty, does not apply in connection with new home sales because the statute is limited by its own terms to transactions involving consumer goods.
		The answer, he said, ought to be that “the same public policy considerations which preclude the waiver of the implied warranty of merchantability as to consumer goods—unequal bargaining power, unequal knowledge, and the buyer’s necessary reliance on the seller’s skill and judgment—preclude the waiver of the implied warranty of merchantability as to new housing.”
	www.metnews.com /articles/2004/conf051304.htm (575 words)

	What is an implied warranty?
		The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to.
		A warranty of fitness for a particular purpose applies when you buy a vehicle based on the dealer's advice that it is suitable for a particular use.
		In states that do allow "as is" sales, the "Implied Warranties Only" disclosure should appear on the Buyers Guide if the dealer decides to sell a vehicle with implied warranties and no written warranty.
	www.faqfarm.com /cars/used/implied-warranty.html (963 words)

	Warranty Information (Site not responding. Last check: 2007-11-06)
		This warranty is valid only if the product is used on the computer or system specified on the product box.
		Implied warranties of merchantability and fitness for a particular purpose on this product are limited in duration to the duration of this warranty.
		This warranty gives you specific legal rights, and you may also have other rights that vary from state to state and country to country.
	www.kensington.com /html/1368.html (1396 words)

	FindLaw: Warranties - Attorney, Attorneys, Lawyer, Lawyers, Law, Laws, Litigation, Lawsuit
		This warranty essentially provides for the overall quality of the car, and means that the car will do what it is supposed to do.
		Most people agree that the implied warranty of merchantability is part of a new car purchase.
		All states provide for implied warranties for used cars bought from dealers, unless the warranty is disclaimed specifically, in writing, by words like "as is" or "with all faults.
	cobrands.public.findlaw.com /newcontent/flg/ch10/st4/st41/qa4.html (247 words)

	Implied warranty is for 6 years (Site not responding. Last check: 2007-11-06)
		I contacted the Registrar of Contractors and was told that the warranty of a contractor is no more than two years after completion of the home.
		A lawsuit in civil court - unless the contract with the contractor requires arbitration - would have to be filed for any repairs or other damages caused by the contractor's breach of implied warranty.
		The six-year implied warranty of a contractor cannot be waived by the property owner; protects subsequent buyers; and applies to all construction, including office buildings and warehouses.
	www.azcentral.com /home/hb101/articles/0207combs07.html (309 words)

	InsWeb Insurance Glossary Legal Terms (Site not responding. Last check: 2007-11-06)
		Evidence which tends to detract from the credibility of the witness.
		In certain cases the law says that one has given a warranty to another even though the warranty is not in writing.
		An example would be in sales: A seller implies that his product is fit for the purpose it purports to serve.
	www.insweb.com /learningcenter/glossary/legal-i.htm (274 words)

	Implied warranty of merchantability
		If the seller is a merchant, such as a car dealership, the implied warranty of merchantability is automatic.
		The implied warranty of merchantability is always part of a new car purchase; in addition, all used cars sold by dealers are covered, unless the warranty is disclaimed in writing by such words as "as is" or "with all faults".
		How long is the builder’s warranty on a home and how long is he reponsible for doing repairs?
	www.freeadvice.com /general_practice/guarantees/implied_warranty.htm (261 words)

	Implied warranty for roof is 6 years (Site not responding. Last check: 2007-11-06)
		The three-year warranty from the roofing contractor has expired.
		This implied warranty is required by law, cannot be waived by the homeowner, and is in addition to any express warranty of the contractor.
		Damages for breach of this implied warranty generally include the cost of repairing any damage to interior walls, carpeting and furniture.
	www.azcentral.com /home/hb101/articles/1115combs15.html (502 words)

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