Exam 23: Warranties

Band Instruments,Inc.,sells seventy-six trombones to Community & School Band Source,Inc.To avoid liability for most implied warranties,Band Instruments should state in writing that the trombones are sold

A warranty against infringement is a promise by the seller that the product is free from any patent,trademark,or copyright claims of a third person.

Warranties of title do not arise in most sales contracts.

Express warranties always displace inconsistent implied warranties with no exception.

Every sale or lease of goods made by a merchant who deals in goods of the kind sold or leased automatically gives rise to an implied warranty that the goods are fit for a particular purpose.

Medical Equipment Supply Company and Natural Rehabilitation Center enter into a contract for a lease of a certain number of wheelchairs.Medical Equipment assures the lessee that it has valid title to the goods.Under the UCC,this type of title warranty arises

General descriptions take precedence over inconsistent samples.

Regal Autos,Inc.,sells cars to consumers.To avoid potential liability for oral express warranties,each Regal sales agreement should note that a car is sold

Merchants are not required to warrant that the goods they sell are fit for their ordinary purpose.

Beginners Run Ski Shop sells a pair of skis to Crystal.When Crystal first uses the skis,they snap in two.The cause is something that Beginners Run did not know about and could not have discovered.Beginners Run breached

Freddi buys bike shoes from Get n' Gear Store,telling the clerk that she wants the shoes to compete in High Pace Triathlon.The shoes break apart during the competition,causing Freddi to be injured in a fall.Get n' Gear most likely breached

Phoenix,a salesperson for Quality Fruit,Inc.,shows Robert,a buyer for Sweet Home Fruit Company,samples of peaches,stating that any shipment will match the samples.This statement is

An implied warranty or merchantability and an implied warranty of fitness for a particular purpose cannot exist in a single transaction.

Marcos buys a pneumatic drill from NuTools,Inc.Owen leases a table saw from Piecework Tools Sales & Lease Company.Later,Marcos and Owen become aware of defects in the goods that indicate breaches of warranty.An action for breach of warranty accrues when

Trucks & Trailers,Inc.(T&T),and United Delivery Service enter into a contract for a lease of trucks.T&T is a merchant who deals in goods of the kind leased.Under the UCC,an implied warranty of merchantability arises

Only a statement made after a contract is entered into can be an express warranty.

Aerospace,Inc.,makes and sells flight navigation equipment,through independent salespersons,to retailers for resale to consumers.The Magnuson-Moss Warranty Act covers

A seller who makes a statement that relates to the value or worth of the goods creates an express warranty.

Goods must be of the highest quality possible to be merchantable.

Arnold buys a backhoe from Big Dig Equipment Inc.Arnold is unaware that Credit Collection Company holds a lien against the backhoe when he buys it.If Credit Collection repossesses the backhoe,Arnold can