(2) Goods to be merchantable must be at least such asToday the old warranty of fitness for ordinary purposes is still mentioned from time to time in legal writing, but rarely. It has become redundant. But, vestiges of the fitness warranty still survive in today's "warranty of fitness for a special or particular (non-ordinary) purpose" which provides that under certain circumstances a product must not only be merchantable (fit for its ordinary purpose) but also fit for a special or particular purpose. More about this type of fitness warranty below.
(c) are fit for the ordinary purposes for which such goods are used;
|Life Expectancy of Home Appliances*|
|Air Conditioner, Window||10|
|Clothes Drier, Electric||13|
|Clothes Drier, Gas||13|
|Clothes Washer, Front Load||11|
|Clothes Washer, Top Load||14|
|Refrigerator, No Freezer||19|
|Water Heater, Electric||13-14|
|Water Heater, Gas||11-13|
|Water Heater, Tankless||20+|
|* Appliance Magazine Research Report, 2011.|
Your brand new coffee maker catches fire. The smoke detector, which should have sounded the alarm, failed, so you did not discover the fire until it had engulfed your kitchen. The fire was accelerated by partly empty paint cans negligently left open by the painters who were painting your kitchen cabinets. The fire safe that was supposed to protect the cash you were hiding from the government (and your valuable papers) was defective and allowed them all to burn to ashes. The roof over the kitchen caved in, caused in part by the weight of a third layer of shingles installed by a roofer in violation of the local building code that allows no more than two layers on a residential roof. And, finally, the fire department's response was unduly delayed when the pumper dispatched to your house was struck broadside by a drunk driver and crashed into a tree that was planted too close to the street by a homeowner in violation of a local ordinance requiring that trees be set back, away from the curb.Unless you can sort out who is liable for what damage, then this is an area where you should not venture without legal help.
This claim is not made under the written warranty offered by (Fill in the company name) but is made under the implied warranty statues and other applicable laws and regulations of the State of (Fill in Your State), including, but not limited to the implied warranty of merchantability and fitness for purpose.Be sure you write your claim number on it, and that takes care of that trap. Keep a copy with your records and write on it the date and time you sent it.
Interrogatory 1: Please state, individually for each such account, the full name, branch name, branch address, branch telephone number, account name and account number of any and all bank, savings, money market, investment or deposit accounts of any kind or nature, domestic or foreign, in which Really Big Faucet Co, Inc. or any subsidiary thereof, has any direct or indirect interest, ownership or right of withdrawal or from which the company can or may receive any direct or indirect profit or benefit.Companies don't like to give out this information, especially in a document that is by law in most states a public document, which I could, were I mean spirited, publish on the web. So rather than answer, they will usually just pay up.