Also known as: fit for ordinary purposes · merchantability · implied warranty of merchantability
Written by attorneys · grounded in primary & secondary sources — see below
An implied warranty arising in a contract for the sale of goods by a merchant that the goods are reasonably suitable for the general uses for which they are sold. The warranty attaches unless excluded or modified by agreement. Breach occurs when the goods fail to perform in ordinary applications.
Francisco Frost bought industrial rope from Fairview Manufacturing under a contract containing a bold, conspicuous clause stating there are no warranties extending beyond the face of the document. The rope later snapped during routine dock use. Because the disclaimer satisfied the statutory requirements for excluding implied warranties, Frost cannot recover for breach of the warranty of fitness for ordinary purposes.
Frederick Ferguson purchased a pneumatic tool from Foster Forge for standard construction work. The tool vibrated excessively and caused injury during ordinary operation on a typical job site. Ferguson can pursue a claim that the tool failed to meet the warranty of fitness for ordinary purposes.
Select any source to read its text and confirm it supports the definition.
Fatima Flores bought a piece of heavy machinery from Falcon Dynamics for everyday loading tasks. The machine tipped during normal use because of a design feature that made it unstable on level ground. Flores can claim breach of the warranty that the equipment would be fit for ordinary purposes.
Farah Fox purchased a truck from a dealer that regularly sold such vehicles. The truck fishtailed on ordinary roads under normal driving conditions. Fox can assert that the truck breached the implied warranty of fitness for ordinary purposes.
Floyd Franklin rented an apartment from Flagship Logistics. The unit lacked adequate heat and contained persistent leaks that made ordinary living impossible. Franklin can claim the premises failed to satisfy the warranty of fitness for ordinary residential purposes.
Fiona Foster installed flexible tubing purchased from a merchant supplier in a typical residential setting. The tubing ruptured during ordinary water pressure. Foster can bring a claim that the tubing breached the warranty of fitness for ordinary purposes.
The warranty of fitness for ordinary purposes requires only that goods be suitable for their customary uses and arises automatically when a merchant sells goods of that kind. The warranty of fitness for a particular purpose requires the seller to know of a specific, non-ordinary use and the buyer's reliance on the seller's skill or judgment to select suitable goods. A product can satisfy ordinary-purpose fitness yet still breach the particular-purpose warranty when the disclosed need is more demanding.
Supporting sources
The seller must use a conspicuous writing that mentions the exclusion of implied warranties of fitness. Language such as "There are no warranties which extend beyond the description on the face hereof" is sufficient when it appears conspicuously. An "as is" clause can also exclude the warranty unless circumstances indicate otherwise.
Supporting sources
Yes. Currency-counting machines that jam repeatedly during ordinary daily branch operations fail to satisfy the requirement that merchantable goods be fit for the ordinary purposes for which such goods are used. The consistent malfunction under normal conditions demonstrates the goods are not merchantable.
Supporting sources
…negligence counts were dismissed by the court and the cause was submitted to the jury for determination solely on the issues of implied warranty of merchantability. Verdicts were returned against both defendants and in favor of the plaintiffs. Defendants appealed and plaintiffs cross-appealed from the dismissal of their negligence claim. The matter…