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Response to How Much Film?

from Michael Feldman (mfeldman@qwest.net)
1. The "fitness for particular purpose implied warranty" is only applicable for the purposes that the seller (or manufacturer) specifically says the product is suitable for. Therefore, if the seller expressly denies that the product is suitable for any particular purpose (or does not make claims as to what the purpose is) then the warranty may not apply.

2. The above notwithstanding, sellers often make disclaimers that cannot hold up in court. For example, when you park your car in a garage, the back of your parking ticket will usually state that the garage is not responsible for theft or damage to your car. These disclaimers are not necessarily enforceable if the garage did not exercise reasonable care to protect your car, for example, by making sure that the garage employees were not convicted thieves (assuming you could prove that the convicted thief stole something from your car).

Here is an example of a violation of the implied warranty of fitness for a particular purpose. http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=1263204476 Notice the reference to 6x6 and 6x7 enlargements in the description.

(posted 8450 days ago)

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