What is an implied warranty of merchantability in defective products law?
An implied warranty of merchantability in defective products law is a guarantee given by the seller to the purchaser that a product is fit to be used and is of a certain quality. In Georgia, this is an implied warranty that is given to purchasers of new goods, regardless of any verbal or written statements made by the seller. This warranty ensures that the product will work for its intended purpose, and is not defective or of inferior quality. This warranty also requires that the product should be free from defects in material and workmanship, as well as any hidden defects that the seller may have been aware of. Generally, goods must meet a certain standard of quality in order to be considered merchantable. The seller does not need to specifically mention this warranty, as it is implied when a purchase is made from them. If the product does turn out to be defective, the buyer may have the right to receive a refund or replacement, depending on the circumstances. If a seller is found to have breached the implied warranty of merchantability, they may be held liable for any losses incurred by the buyer. In this situation, the buyer may be able to sue the seller for breach of contract, and could potentially receive damages to cover their losses.
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