Term
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Definition
| a seller's express or implied assurance to a buyer that the goods sold or leased meet certain quality standards |
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Term
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Definition
| a warranty that is created when a seller or lessor makes an affirmation that the goods he or she is selling meet certain standards of quality, description, performance, or condition |
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Term
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Definition
| a commendation of goods, made by a seller, that does not create an express warranty (puffing) |
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Term
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Definition
| damages that are generally equal to the difference between the value of the goods as warranted and the actual value of the goods accepted at the time and place of acceptance |
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Term
| implied warranty of merchantability |
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Definition
| unless properly disclosed, a warranty that is implied that sold or leased goods are fit for the ordinary purpose for which they are sold or leased, as well as other assurances |
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Term
| implied warranty of fitness for human consumption |
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Definition
| a warranty that applies to food or drink consumed on or off the premises of restaurants, grocery stores, fast-food outlets, and vending machines |
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Term
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Definition
| a test to determine merchantability based on foreign objects found in food |
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Term
| consumer expectation test |
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Definition
| a test to determine merchantability based on what the average consumer would expect to find in food products |
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Term
| implied warranty of fitness for a particular purpose |
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Definition
| a warranty that arises where a seller or lessor warrants the goods will meet the buyer's or lessee's expressed needs |
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Term
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Definition
| a requirement that warranty disclaimers be noticeable to the reasonable person |
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Term
| magnuson-moss warranty act |
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Definition
| a federal statute that regulates written warranties on consumer products |
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Term
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Definition
| a warranty in which the seller warrants that he or she has valid title to the goods being sold and that the transfer of title is rightful |
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Term
| warranty of no security interests |
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Definition
| a warranty in which sellers of goods warrant that the goods they sell are delivered free from any third-party security interests, liens, or encumbrances that are unknown to the buyer |
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Term
| warranty against infringements |
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Definition
| an automatic warranty of a seller who is a merchant who regularly deals in goods of the kind sold or leased which warrants that the goods are delivered free of any third-party patent, trademark, or copyright claim |
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Term
| warranty against interference |
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Definition
| a warranty in which the lessor warrants that no person holds a claim or an interest in the goods that arose from an act or omission of the lessor that will interfere with the lessee's enjoyment of his or her leasehold interest. Also known as the warranty of quiet possession. |
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