The Warranty Clauses form, to have and to hold, subject to the terms, exceptions, and other provisions set out in this Assignment, the “assets” unto assignee, its successors and assigns, forever, however the assignments and conveyances made by this assignment are made without warranty.
Colorado Warranty Clauses
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Multi-State
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US-OG-489
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Word;
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FAQ
Implied warranty--merchantability--usage of trade. (1) Unless excluded or modified (section 4-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.
Colorado Revised Statutes Title 8. Labor and Industry § 8-2-113. Unlawful to intimidate worker--agreement not to compete. (1) It shall be unlawful to use force, threats, or other means of intimidation to prevent any person from engaging in any lawful occupation at any place he sees fit.
Unless disclaimed in the manner prescribed by this chapter, every sale of consumer goods that are sold at retail in this state shall be accompanied by the manufacturer's and the retail seller's implied warranty that the goods are merchantable.
An implied warranty is present whether the seller is the manufacturer or not; the seller in such instance warrants that the goods are fit for the purpose for which they are purchased.
By law, every residential lease in Colorado includes a ?Warranty of Habitability?. The Warranty of Habitability requires landlords to maintain living spaces they rent out up to some basic standards. The law requires that rental units are to be general safe and ?fit for human habitation.?
Definitions: ?Implied warranty? is an assurance of quality established by law rather than by contract between the parties; ?workmanlike manner? means generally that the work meets the standard of workmanship prevailing in the particular locality involved; and ?suitable for habitation? means that the home is livable ? ...
In Colorado, a claim for breach of contract is generally subject to a three-year statute of limitations. C.R.S. § 13-80-101(1)(a). The time for bringing a claim begins to run ?on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.? Id.
The implied warranty of merchantability is a merchant's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold.