Merchantable quality is not defined under the Sale of Goods Act and its meaning can only be determined through a reading of many layers of case law. Merchantable quality is generally what a reasonable person would expect having regard to price, type, purpose and circumstances of the sale. Merchantable quality means that the substance sold is reasonably suitable for the ordinary uses it was manufactured to meet.
Sample 1. Merchantable quality means goods are as fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them, the price if relevant and all the other relevant circumstances.
Merchantable quality means goods which reach a basic standard of quality including goods which are fit for purpose and match the description. Examples of Merchantable quality in a sentence Merchantable quality shall mean that the gas must be commercially free from dust, resins, water and hydrocarbons in liquid form at the pressure and temperature at which the gas is delivered.
Merchantable quality. All grain feed delivered under this contract shall be of merchantable quality, unadulterated and unrestricted from movement in interstate commerce within the meaning of the federal Food , Drug and Cosmetic Act, Environmental Protection Agency tolerances , the U.
Grain Standards Act and applicable state law. The condition does not apply with regard to defects specifically drawn to the buyer's attention or defects that should have been noticed in an examination of the goods before the contract was made. From: merchantable quality in A Dictionary of Business and Management ». Subjects: Social sciences — Business and Management. View all related items in Oxford Reference ». Search for: 'merchantable quality' in Oxford Reference ».
All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single entry from a reference work in OR for personal use for details see Privacy Policy and Legal Notice. However, if you as the trader refuse to meet their requests, or there is an unreasonable delay in providing one of these remedies, then the consumer has the right to reject the goods and rescind the contract.
If you offer to repair the item, the repair should be permanent. If you offer a refund, this can be in cash or by cheque, or you can refund their credit or debit card. If you offer a credit note or voucher instead, the consumer has the right to refuse and to ask for a refund instead.
Remember, if a consumer returns faulty goods, it is always you, the trader — and not the manufacturer — who is responsible for sorting out their complaint. If the shopper is not happy with your offer of a repair, replacement or refund, they have the right to seek an alternative remedy. They are entitled to take legal action if they are not happy with your final offer.
Under consumer legislation, it is an offence to make a false or misleading claim about your goods and prices. However, this is in addition to any right of redress a consumer may have from a retailer. Even during a guarantee period, the primary responsibility under the legislation rests with the trader. You may also have some responsibility for seeing that the manufacturer observes the terms of the guarantee.
Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products. List of Partners vendors. An implied warranty is a legal term for the assurances—written or oral—that a product is fit for the purpose intended and is merchantable, i. 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.
This guarantee is in addition to any express warranty provided at the time of sale and includes the implied warranty of workmanlike quality for services, implied warranty of habitability for a home, and the warranty of title that gives the seller the right to sell the goods.
Implied contracts, including implied warranties, are enforced by U. These are governed by state laws, where implied warranties are unwritten, and thus not covered by federal law. Meanwhile, written warranties are protected via the federal Magnuson-Moss Warranty Act and covered by federal law. Many of these state laws require four years of coverage, while others require they only last as long as any express warranty.
Most consumer products have an implied warranty of merchantability.
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