Under UCC Article 2, a merchant seller impliedly warrants that goods are merchantable: they pass without objection in the trade, are of fair average quality, and are fit for their ordinary purposes.
The warranty may be disclaimed by conspicuous language mentioning merchantability, or by terms such as as is where permitted.
Alternative Names:
Merchantability Warranty, Implied Warranty
Why it Matters?
Merchantability claims are frequently pleaded alongside strict liability because they can survive where defect proof is difficult, requiring only that the product not be fit for ordinary use. The defenses are largely contractual: an effective conspicuous disclaimer, lack of privity in states retaining it, and failure to give timely notice of breach. Consumer protection statutes limit disclaimers in many states for consumer goods.
Frequently Confused with
Related terms
Frequently asked questions
Can the warranty be disclaimed?
How does merchantability differ from fitness for a particular purpose?
