Exam 18: Sales Warranties

A __________ is defined as one who purchases or leases a good with the intent of using it for personal reasons rather than for resale or use in a business.

"This truck gets 22 miles per gallon when driven on the highway." What type of warranty would this be considered?

The UCC deals with __________ privity, or the extension of a warranty to someone other than the buyer.

Other than the express warranty above, seller makes no other warranties about the performance of the products and disclaims all other warranties, express or implied, relating to the products, including without limitation any warranty of merchantability, fitness for a particular purpose or noninfringement. This is an example of what type of:

If a seller offers a written __________ warranty, the consumer transaction is subject to the Magnuson-Moss Act.

Although the UCC does not require specific language to disclaim warranties, courts have held that this phrase __________ is sufficient to disclaim the implied warranties of fitness for a particular purpose and noninfringement.

As with other consumer protection statutes, the Magnuson-Moss Act does not apply to purely __________ transactions where both the buyer and seller are regularly engaged in the sale of goods.

Warranties are recognized as __________ enforceable promises under state statutory laws based on Article 2 of the UCC.

What warranty has the seller implicitly promised if the seller states the goods for sale will not later be seized by someone who claims to have a collateral interest in them from an unpaid loan?

The UCC allows a seller to disclaim defects by making the goods available to the buyer for __________.

Privity of contract dealing with the distribution chain is referred to as __________ privity.

A buyer must give notice to the seller of a breach of warranty within a __________ time after the breach is discovered.

The UCC allows a seller to avoid the risks associated with warranties and __________ both implied and express warranties under certain conditions.

What section of the UCC requires merchants to warrant that the goods shall be delivered free of the rightful claim of any third person claiming infringement?

Once __________ warranty has been made regarding a promise, or statement of fact regarding the goods, the seller is bound to honor that warranty.

If the seller has not made a specific promise or representation about the product, the buyer may still be protected by a UCC-imposed:

In order to __________ a warranty, the seller must do so in a conspicuous writing such as capital letters or bold print.

The law has evolved to protect consumers and largely eliminate the privity of __________ requirement.

Jim lives in a state where his daughter can sue the retailer of goods Jim purchased for breach of warranty even though she never contracted with that company. The courts in this state have done away with the requirement of horizontal privity. A bottle of shampoo Jim bought recently had been known for turning hair purple. Can Jim's daughter sue the retailer of the shampoo?

The implied warranty of merchantability applies to every sale from a __________ to a buyer.