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UCC Warranties :star::red_flag: - Coggle Diagram
UCC Warranties :star::red_flag:
Implied Warranty of Merchantability :star:
Seller must be a merchant
Provides that the goods are at least:
Fit for the ordinary purposes for which such goods are used.
Average, fair-quality, and properly packaged and labeled.
Disclaimer
Any written disclaimer must explicitly mention the word "merchantability" and must be conspicuous.
"As is" :check:
Implied Warranty of Fitness for a Particular Purpose :star:
Seller knows the specific purpose for which the buyer is purchasing the goods, and the buyer relies on the seller's expertise or judgment to select the right product.
The seller warrants that the product is suitable for that specific use.
Seller need not be a merchant.
Disclaimer
Disclaimers for fitness warranties must also be in writing and conspicuous.
"As is" :check:
Implied Warranty of Title :star:
Seller guarantees:
Rightful Transfer
: The seller has legal ownership and the right to sell the item.
Clear Ownership
: The item is sold free and clear of any undisclosed security interests, liens, or encumbrances (e.g., the buyer will not have to pay off a hidden loan on the item).
No Infringement
: Merchant sellers guarantee that the goods do not violate any third-party patent, trademark, or copyright (e.g., selling unauthorized replicas).
Disclaimer
Seller must use explicit, specific language referring to "title"
"As is" :red_cross: