Warranty merchantability

Prior to 1960, an injured plaintiff seeking recovery in a products HabiUty action could bring a case under either of two theories. The plaintiff could allege that the product seller was negligent, or that the seller breached a warranty that attended every product sale provided for under the Uniform Sales Act and, later, under Section 2-314 of the Uniform Commercial Code (UCC), which stipulated that for a product to be merchantable it must be "reasonably fit for the ordinary purposes for which such goods are used." Each of these theories came with a distinct disadvantage. 

It is sincerely hoped that the information presented in this document will lead to an even more impressive record for the entire industry however, the American Institute of Chemical Engineers, its consultants, CCPS Subcommittee members, their employers, their employers officers and directors, and Arthur D. Little, Inc., disclaim making or giving any warranties or representations, express or implied, including with respect to fitness, intended purpose, use or merchantability and/or correctness or accuracy of the content of the information presented in this document. As between (1) American Institute of Chemical Engineers, its consultants, CCPS Subcommittee members, their employers, their employers officers and directors, and Arthur D. Little, Inc., and (2) the user of this document, the user accepts any legal liability or responsibility whatsoever for the consequence of its use or misuse. 

Seller warrants that Product delivered to [insert company name] will (1) conform to the descriptions and specifications as set forth in this Agreement (2) be of good quality and workmanship and free from defects, latent or patent and (3) be merchantable and fit and sufficient for [insert company name] s intended purpose. Payment, inspection, acceptance or use of Product will not affect Seller s obligation under this warranty. 

Limit of Liability/Disclaimer of Warranty While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties withrespect to theaccuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. 

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