Fitness for Particular Purpose. Buyer has informed Supplier of the particular purpose for which the Gloves are required and that Buyer is relying on Supplier’s skill and judgment to furnish suitable Gloves for medical use within the United States (“US”) and as such, Supplier represents that the Gloves meet or exceed all regulatory requirements with respect to quality and presentation (including the artwork of the packaging) as required by the FDA so that all Gloves purchased hereunder will clear US customs and are fit for sale and use in the US by medical professionals. Except for requirements as to the actual artwork on the packaging of the Boxes or stencils on the shipping cartons, Buyer warrants that all the requirements mentioned in this paragraph have been listed in “Schedule A Specifications” and Supplier warrants that the Gloves will be fit for such particular purpose.
Fitness for Particular Purpose. Buyer makes no warranties except set forth herein, provided however, that notwithstanding any other provision to the contrary herein, Buyer may have sought the expertise of Seller with respect to the fitness of a particular purpose of the subject goods, and in purchasing said goods, may have relied upon the representations of Seller as an expert with respect to the use of such goods. In that event, Xxxxxx hereby agrees that any document exhibiting a request by Buyer for goods for a particular purpose, a reliance by Buyer upon the expertise of Seller with respect to the use of the goods, or any other similar such request or reliance shall constitute a modification to the terms of this agreement which shall effect a warranty of fitness for a particular purpose.
Fitness for Particular Purpose all equipment, hardware and software provided or used (but excluding Sprint-Owned Property) by it to provide the Services pursuant to this Agreement are fit to provide said Services and subject to Section 4.3, that Supplier holds all necessary licenses for which it is responsible under this Agreement to provide said Services;
Fitness for Particular Purpose. 10.3.2 The University expressly disclaims any warranties and makes no representations:
Fitness for Particular Purpose. Where the seller at the time of contracting 2) has reason to know any 1) particular purpose for which the goods are required and that the buyer is 4) relying on the 3) seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose. Comment 2: A "particular purpose" differs from the ordinary purpose for which the goods are used in that it envisages a specific use by the buyer which is peculiar to the nature of his business whereas the ordinary purposes for which goods are used are those envisaged in the concept of merchantability and go to uses which are customarily made of the goods in question. For example, shoes are generally used for the purpose of walking upon ordinary ground, but a seller may know that a particular pair was selected to be used for climbing mountains. There is implied warranty that good shall be fit for the particular purpose if: Buyer has “particular purpose” in mind for goods Seller had reason to know of this particular purpose Seller has reason to know that buyer is relying on the seller’s skill or judgment to select suitable goods for buyer’s particular purpose Buyer relied on seller’s skill or judgment to select suitable goods. Buyer can’t insist on a certain brand. Must be reliance. § 2–314. Implied Warranty of Merchantability (Ordinary purpose); Usage of Trade (1) Unless excluded or modified (Section 2–316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the i) seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale. (2) Goods to be merchantable must be at least such as (a) pass without objection in the trade under the contract description; and (b) in the case of fungible (mutually substitutable) goods, are of fair average quality within the description; Comment 7: Paragraphs (a) and (b) of subsection (2) are to be read together. and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and (e) are adequately contained, packaged, and labeled as the agreement may require; and (f) conform to the promise or affirmations of fact made on the container or label if any. (See comments for detail...
