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1.8.1.3 Implied Warranty of Merchantability

The implied warranty of merchantability is not created by the seller’s statements or conduct, but is implicit in the sale of new or used goods whenever the seller is a merchant with respect to the goods (in other words, not an isolated sale by a consumer to another consumer).427 The implied warranty is created by the UCC and not by the seller.

The implied warranty of merchantability promises that the goods are fit for the ordinary purpose for which they are used.428 The goods must be able to do the ordinary job with reasonable safety, efficiency, and comfort.429

The seller can attempt to disclaim the implied warranty in the contract.430 The warranty of merchantability also may not arise in certain narrow situations related to when the buyer inspects or refuses to inspect the goods.431

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