Merchantable Quality definition

Merchantable Quality has the meaning given to it in the Sale of Goods Act 1923.‌
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Merchantable Quality. . Generally, it means the goods sold are fit for the particular use to which they were sold [8]. If they are defective for the purpose, they are unmerchantable. Again, it is important to make reference to some English and Malaysian cases in order to understand the operation of this exception.
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Merchantable Quality means goods which reach a basic standard of quality including goods which are fit for purpose and match the description.
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Examples of Merchantable Quality in a sentence

  • To The Extent Permitted By Applicable Law, Sierra Wireless Expressly Disclaims All Warranties, Representations Or Conditions Of Any Kind, Express Or Implied Or Statutory, Written Or Oral, With Respect To The Product, Including, But Not Limited To Any Warranty Of Infringement, Merchantable Quality Or Fitness For A Particular Purpose.

  • A sale by description may also raise s 18(b) issues (see Section III.C.1.e: Implied Condition of Merchantable Quality).

  • Merchantable Quality: Goods must be free from any latent (hidden) defects rendering them unmerchantable.

  • The Implied Warranty of Merchantable Quality, (1943) 27 Minnesota L Rev 117, 146–8, 155–6.

  • Further and in the alternative, if (which is denied) either of Alucobond PE or Alucobond Plus was not of Merchantable Quality as alleged in paragraphs 66 and 67 of the Amended Claim, in so far as the Applicant or any Group Member claims compensation within the meaning of s.

  • TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIERRA WIRELESS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF NON-Infringement, Merchantable Quality Or Fitness For A Particular Purpose.

  • We respect that, but we do not seek to badger witnesses or anything else.

  • Upon shipment, the Cargo was Good Merchantable Quality (‘ GMQ’).53 However, as the pirates detained the Vessel during the passage to the Gulf of Aden, there was a likelihood that the pirates had somehow come into contact and interfered with the 48 ibid.49 Great China Metal Industries Co. Ltd.

  • If there was a call out that the lift was not working they were required to attend within one hour and carry out repairs in the lift.

  • Sellers also considered that that the colour of the consignment was well within international guidelines for Crude Coconut Oil and in the opinion of Sellers was of Good Merchantable Quality.


More Definitions of Merchantable Quality

Merchantable Quality. All grain delivered under this contract shall be of merchantable quality, unadulterated, and unrestricted from movement in inter- state commerce within the meaning of the federal Food, Drug and Cosmetics Act, Environmental Protection Agency tolerances, the U.S. Grain Standards Act and applicable state law. Seller expressly warrants that this grain was produced in the continental United States. Seller shall not deliver, and the Buyer has the right to reject delivery of, a commodity containing transgenic genes or traits that are not approved for sale in Japan, Mexico, the European Union, or other U.S. export markets.
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Merchantable Quality. All grain delivered under this contract shall be of merchantable quality, unadulterated, and unrestricted from move- ment in interstate commerce within the meaning of the federal Food, Drug and Cosmetics Act, Environmental Protection Agency tolerances, the U.S. Grain Standards Act and applicable state law. Seller expressly warrants that this grain was produced in the continental United States. Seller shall not deliver, and the Buyer has the right to reject delivery of, a commodity containing transgenic genes or traits that are not approved for sale in Japan, Mexico, the European Union, or other U.S. export markets. Liens: Seller hereby warrants to Buyer that all grain delivered hereunder is now and will remain up to and including the time of delivery, free of all liens, encumbrances or security interests of any kind except as follows: Premiums and Discounts to Apply: Acceptance of deliveries not meeting the contract grade and quality shall be at the option of the Buyer. If the Buyer elects to accept such deliveries not meeting the contract grade and quality, market scale discounts and premiums at time of delivery will apply, unless otherwise specified hereafter. The following premiums and discounts will apply to grain delivered pursuant to this contract: Settlement for Underdeliveries: All deliveries made under this contract shall be for the quantity specified herein. If the Seller finds he will not be able to complete delivery of the contracted quantity, it shall be the duty of the Seller to advise the Buyer at once. The Buyer, when Seller’s default is determined, shall by the close of the next market day elect either to: a) agree with the Seller upon an extension of the time for delivery; or b) after having given notice to the Seller to complete the contract, the Buyer, by the exercise of due diligence, will buy-in for the account of the Seller the defaulted portion of the contract; or c) after having given notice to the Seller to complete the contract, the Buyer will cancel the defaulted portion of the contract at the difference between the contract price and the replacement cost based on the close of the market the next business day when the trades can be made for the account of the Seller. Settlement for under-delivery or non-delivery of grain shall be made on the difference between market price on delivery date and the contract price cents per bushel handling charge to be paid to buyer upon such settlement.
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Merchantable Quality in relation to a commodity means a commodity that is fit for the purposes for which commodities of that kind are usually purchased, as it is reasonable to expect in light of the relevant circumstances;
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Merchantable Quality means that the goods are fit for a purpose for which goods of that description are normally used, having regard to the price paid and the other circumstances of the sale: Henry Kendall & Sons v William Lillico & Sons Ltd [1969] 2 AC 31
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Related to Merchantable Quality

  • Quality means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs;

  • Reportable quantity means one of the following:

  • Quality Surveillance Engineer / Inspector means any person appointed by or on behalf of the Purchaser to inspect or carry out quality surveillance on supplies, stores or work under the Contract or any person deputed by the Quality Surveillance Engineer for the said purpose.

  • Ambient air quality standard means an established concentration, exposure time, and frequency of occurrence of air contaminant(s) in the ambient air which shall not be exceeded.

  • Water quality means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this chapter, the term "water quantity" refers only to development and uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and storm water handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.

  • Byproduct material means any radioactive material (except Special Nuclear Material) yielded in, or made radioactive by, exposure to the radiation incident to the process of producing or utilizing Special Nuclear Material.

  • Explosive material means any chemical compound, mixture, or device which produces a substantial instantaneous release of gas and heat spontaneously or by contact with sparks or flame.

  • Gallon means a United States gallon of two hundred thirty-one cubic inches of liquid at 60º Fahrenheit, and at the equivalent vapor pressure of the liquid.

  • Raw material means any unprocessed material in its raw or natural state that is intended to become part of the components of a cannabis product.

  • Radiopharmaceutical quality assurance means, but is not limited to, the performance of appropriate chemical, biological, and physical tests on potential radiopharmaceuticals and the interpretation of the resulting data to determine their suitability for use in humans and animals, including internal test assessment, authentication of product history, and the keeping of proper records.

  • Goods Specification any specification for the Goods including any relevant plans or drawings, that is agreed in writing by the Reseller and Voip-Unlimited.

  • Output Material means any Documents or other materials, and any data or other information provided by the Supplier relating to the Specified Service;

  • Usable cannabis means the dried leaves and flowers of

  • National Ambient Air Quality Standards or “NAAQS” means national ambient air quality standards that are promulgated pursuant to Section 109 of the Act, 42 U.S.C. § 7409.

  • Combustible liquid means a liquid with a flash point at or above 100 degrees Fahrenheit and below 200 degrees Fahrenheit.

  • Quantity Surveyor means the quantity surveyor appointed by the Seller for the purposes of the Development;

  • Analytical x-ray equipment means equipment used for x-ray diffraction or fluorescence analysis.

  • Raw Materials means all raw materials, supplies, components and packaging necessary to manufacture and ship the Product in accordance with the Specifications, as provided in Exhibit A, but not including the API.

  • Input Material means all documents, information, representations, statements and materials provided by Customer or a third party on behalf of Customer, relating to the Services, including computer programs, data, logos, reports and specifications and inventories.

  • Waste Material means (1) any “hazardous substance” under Section 101(14) of CERCLA, 42 U.S.C. § 9601(14); (2) any pollutant or contaminant under Section 101(33) of CERCLA, 42 U.S.C. § 9601(33); (3) any “solid waste” under Section 1004(27) of RCRA, 42 U.S.C. § 6903(27); and (4) any “hazardous substance” under Wis. Stat. § 292.01.

  • Heat input means the product (expressed in mmBtu/time) of the gross calorific value of the fuel (expressed in Btu/lb) and the fuel feed rate into the combustion device (expressed in mass of fuel/time) and does not include the heat derived from preheated combustion air, recirculated flue gases, or ex- haust from other sources.

  • Fluoroscopic imaging assembly means a subsystem in which X-ray photons produce a visual image. It includes the image receptor(s) such as the image intensifier and spot-film device, electrical interlocks, if any, and structural material providing linkage between the image receptor and diagnostic source assembly.

  • Adulterated Specimen means a specimen that contains a substance that is not expected to be present in oral fluid, or contains a substance expected to be present but is at a concentration so high that it is not consistent with oral fluid.

  • Water quality standards means provisions of state or federal law which consist of a designated use or uses for the waters of the Commonwealth and water quality criteria for such waters based upon such uses. Water quality standards are to protect the public health or welfare, enhance the quality of water and serve the purposes of the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) and the federal Clean Water Act (33 USC § 1251 et seq.).

  • ASTM means the American Society for Testing and Materials.

  • Biological Material means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system;