Massachusetts Warranty Clauses

State:
Multi-State
Control #:
US-OG-489
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

Let's say you buy a computer from a nearby electronics store, and when you get home, the product doesn't work ? that's at least a breach of the implied warranty. If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability.

The state has a three-year implied warranty of habitability after the sale of a new home. No parties involved in the transaction have the power to void or overlook this warranty, either.

Warranty: In Massachusetts, all goods are covered by an implied warranty of merchantability, meaning the item must reasonably conform to an ordinary buyer's expectation for a reasonable amount of time.

There are many types of implied warranties including an implied warranty of merchantability, an implied warranty of fitness, an implied warranty of habitability (for a lease), and an implied warranty of marketability (for the sale of real property, also known as a marketable title).

The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.

Warranty: In Massachusetts, all goods are covered by an implied warranty of merchantability, meaning the item must reasonably conform to an ordinary buyer's expectation for a reasonable amount of time.

It holds that a new home construction owner can, within three years of moving into the home, file a claim against any developer, contractor, designer, or other interested party whose negligence or error caused the dwelling to become inhabitable.

While a seller of goods may create a warranty in multiple ways, the basic elements of any claim for breach of warranty are (1) the existence of an express or implied warranty, (2) the goods did not comply with that warranty, and (3) the failure to comply with the warranty caused an injury.

The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.

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Massachusetts Warranty Clauses