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Legal Mumbo Jumbo....What?

 
 
Reply Tue 16 Dec, 2008 11:59 am
What does this mean?

XXX makes a great effort to ensure that all items sold are correctly described and are pictured in their current condition at the time of sale. XXX makes no express or implied warranties or representations regarding the condition or suitablilty of the goods, and to the extent allowed by law, specifically disclaims any express or implied warranties, including but not limited to ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
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Type: Question • Score: 1 • Views: 1,129 • Replies: 2
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chai2
 
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Reply Tue 16 Dec, 2008 12:50 pm
@Bella Dea,
Warranty of Merchantability is like saying implied warranty

It's also saying they do not guarantee the products are suitable for a particular purpose.

In other words, We just sell it sugar, we ain't sayin' it's gonna work or that it's not gonna maybe chop your hand off.
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jespah
 
  1  
Reply Tue 16 Dec, 2008 06:23 pm
@Bella Dea,
Bella Dea wrote:
What does this mean?

XXX makes a great effort to ensure that all items sold are correctly described and are pictured in their current condition at the time of sale. XXX makes no express or implied warranties or representations regarding the condition or suitablilty of the goods, and to the extent allowed by law, specifically disclaims any express or implied warranties, including but not limited to ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE.


This is a disclaimer of standard Uniform Commercial Code warranties, for merchantability and fitness for a particular purpose. Because these are not new sales (I am guessing this is eBay or something similar), the seller is notifying you that there may be irregularities. But you still have rights under the UCC, and cannot bargain them away (or, more likely, have them bargained away for you) in a situation where you have no input into the sales contract. Bidding on an item is not the equivalent of having a hand in the drafting of the sales contract although it does imply that there was a meeting of the minds as to the consideration paid.

Look up the UCC, sections 2 and 3. I know they are long and long-winded but the UCC applies throughout the United States for sales of goods. It does not apply for sales of services or real estate, and its impact in Louisiana is not the same as in other states (they are the only state without full adoption). It also won't apply to foreign sales.
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