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Contracts Notes
Contracts Notes
Contracts Notes
Article 2 applies to all consumer goods sold except those for which the
implied warranties of merchantability have been excluded or modified. A
manufacturer or seller of consumer goods can exclude or modify the implied
warranties in three ways:
The seller can use expressions like "as is," "with all faults" or other
language which, in common understanding, calls the buyer's attention to the
exclusion of warranties and makes plain that there is no implied warranty.
If, before entering into the contract, the buyer examined the goods or
the sample or model as fully as he desired or refused to examine the goods,
there is no implied warranty with regard to defects that an examination
ought to have revealed to him.
An implied warranty can also be excluded or modified by course of
dealing or course of performance or usage of trade.
Consumers must provide notice of a claim for a breach of the implied
warranties within a reasonable time. What constitutes a reasonable time
under the UCC depends on the type of product at issue as well as each
state's version of the UCC. In addition, consumers must demonstrate
reliance on the warranty. Remedies for breach of the implied warranties
under the UCC are generally limited to liquidated damages or contractual
damages. However, these must be reasonable in light of the anticipated or
actual harm caused by the breach, the difficulties of proof of loss, and the
inconvenience or difficulty of otherwise obtaining an adequate remedy.
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24/08/2015 05:33:00