A promise that a proposition of fact is true. Pledge, assurance, guarantee, voucher, word, acknowledgement, representation, commitment, obligation, certification, insurance, endorsement, oath, bond, avowal, token, affirmation.
Term or condition the warranty that is not covered.
Two types of warranties are:
Express and Implied.
Written, stated in the contract.
Not written or stated in the contract but is available as a matter of law.
Express warranties, both UCC and Government, are set out in numerous clauses but they are _____.
_____ warranties are not usually written in the contract.
______ warranties are available to the Government as well as the public in commercial transactions.
______ is used in Government contract law mainly to fill gaps. ____ also facilitates business and makes business easier to do.
Uniform Commercial Code
Goods must be fit for the ordinary purpose for which they are normally used. Unless stated otherwise in the Merchants contract this warranty is incorporated as a matter of law and commercial practice.
Warranty of Merchantability
Special protection for a buyer who relies on the seller's expertise in selecting suitable commercial goods. Properly written performance statement in the SOW helps to incorporate this implied warranty.
Warranty of Fitness for a Particular Purpose.
True of False, Warranties are to be used only if economically feasible.
Warranty generally takes effect at the _____.
Time of delivery
Remedies for breach of an Implied warranty:
1. Cancel, 2. Cover, and 3. Sue
Where the buy properly rejects the goods or revokes acceptance, he/she can _______ the contract.
______ the contract, that is go buy the goods or services needed somewhere else and Charge the contractor for the difference in price.
_____ for reasonable incidental damages and consequential damages accruing to the breach.