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1.9.1.4 Implied Warranty of Fitness for a Particular Purpose

Implied warranties of fitness for a particular purpose arise in sales even when the seller is not a merchant. The buyer must purchase the product for some particular purpose, the buyer must rely on the seller to provide the right product to satisfy this particular purpose, and the seller must have reason to know the buyer’s purpose, and that the buyer was relying on the seller to provide the right product.438

An important advantage of this type of warranty is that goods can fail to meet this standard even if they are not defective, as long as they fail to meet the consumer’s particular purpose.439 That the seller tried in good faith to meet the consumer’s purpose is irrelevant to a warranty of fitness for a particular purpose. Sellers, though, may attempt in the contract to disclaim this warranty440 and it may not arise in certain circumstances when the buyer has inspected or refused to inspect the goods.441

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