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An implied warranty of habitability, generally, is a warranty implied by law (in some states) that by leasing or buying a residential property, the lessor or seller is promising that the property is suitable to be lived in. [10] The doctrine is intended as a protection for tenants in a less advantageous bargaining position than the landlord.
The warranty of fitness for a particular purpose is implied unless disclaimed when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide tires for use on snowy roads and receives tires that are unsafe to use in snow.
Certain types of implied warranties must be specifically disclaimed, such as the implied warranty of title. "As is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent.
Implied warranty [ edit ] Related to the Spearin doctrine is the "implied warranty of adequacy", that the government is responsible to provide accurate plans and specifications to its contractors rather than the presumption of superior knowledge .
Habitability is the conformance of a residence or abode to the implied warranty of habitability. [circular definition] A residence that complies is said to be habitable.It is an implied warranty or contract, meaning it does not have to be an express contract, covenant, or provision of a contract.
accordingly, we and our suppliers, licensors and distributors specifically disclaim any express or implied warranty of fitness for high risk activities. you agree that the aol will not be liable for any claims or damages arising from the use of the applications in such high risk activities. 22. u.s. government end-users.
In the court's view, the manufacturer's advertisements of product suitability represented an implied warranty to consumers, and that warranty accompanied every car the manufacturer put into the stream of trade. The court then turned to the contract between Bloomfield Motors and Mr. Henningsen.
we, our suppliers, and authorized distributors give no express warranties or guarantees nor implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringment. your only remedy for any defective software is replacement of the software.