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UCC Code Sections

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Updated 2008-04-30 22:29

UCC Article 2 - Warranties

This is the UCC Code Provisions

 

Code No.Code Description
2.312 Warranty of TitleUpon trasnfer of title, the seller warrants: 1. the right to pass good rightful title, 2. that the goods are free from unstated liens or encumbrances; and 3. If a merchant, that the gooods are free from infringement claims
2.312(2) Warranty of Title DefensesExlusion or modification only by specific language or circumstances
2.313 Express WarrantyAs part of the sale or barbain- 1. an affirmation of fact or promise, a description of the goods, a sample shown as conformig to bulk
2-313 Express Warranty Defenses1. opinion (puffing); 2. exclusion or limitation (2-316(1); 3. No statement by the seller.
2-314 Implied Warranty of MerchantabilitySeller is merchant who deals in goods of the kind sold, the seller warrants that the goods sold are properly packaged and labeled, are of proper quality, ad are reasonable fit for the ordiantary purpose for which such goods are used.
2-314 Implied Warranty of Merchantabiltiy Defenses1. Specific Disclaimer (can be oral or in writing, but must mention "merchantability" and if in writing, must be conspicuous (2-316(2); 2. Sales stated "AS IS" or "With All Faults" 2-316(3)(a); 3 If an examination by buyer, the buyer is bound by all defects found, or that should have been found; if buyer refuses or fails to examine, the buyer is bound by obvious defects. (2-316(3)(c)
2-315 Implied Warranty of Fitness for a Particular PurposeArises when - 1. the buyer's purpose or use is expressly or implied known by the seller; and 2. The buyer purchases in reliance on the seller's selction
2-315 Implied Warranty of Fitness for a Particular PurposeDefenses - 1. Specific disclaimer - must be in writing and conspicuous (for example: "There are no warranties which extend beyond the description of the face hereof." 2-316 (2). and 2. Same as mercahnatiabiltiy...
2-314 (3) Implied Warranty Arising from Course of Dealing or Trade UsageBy prior dealing and/or usage of trade
2-314(3) Implied Warranty Arising from Course of Dealing or Trade Usage DefensesExclusion by specofic language or as procvided under 2-316.
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