Common use of Warranty of Merchantability Clause in Contracts

Warranty of Merchantability. Goods provided by vendor under this order/contract shall be merchantable. All goods provided shall be of good quality within the description given by the University, shall be fit for their ordinary purpose, shall be adequately contained and packaged within the description given by the University, shall conform to the agreed upon specifications, and shall conform to the affirmations of fact made by the vendor or on the container or label. Warranty of fitness for a particular purpose – When vendor has reason to know or knows any particular purpose for which the goods are required, and the University is relying on the vendor’s skill or judgment to select or furnish suitable goods, there is a warranty that the goods are fit for such purpose. Warranty of title – Vendor shall, in providing goods to the University, convey good title in those goods, whose transfer is right and lawful. All goods provided by vendor shall be delivered free from any security interest, lien, or encumbrance of which the University, at the time of contracting, has no knowledge. Goods provided by vendor shall be delivered free of any rightful claim of any third person by of infringement or the like.