The Chapter focuses on the conformity of goods, namely, the determination of whether the goods delivered conform to the goods contracted for. Conformity or warranties are multi-dimensional and include numerous types of express and implied warranties. Express warranties – depending on the applicable legal system – include oral representations, written statements, descriptions, specifications, samples, and models. Specifications and marking requirements regarding the packaging of the goods are also express warranties. If there are no express terms related to the packaging of the goods, then there is an implicit obligation to package the goods in a way common to the trade (trade usage) or in a reasonable manner to protect the goods. Implied warranties include the conformity of ordinary use (merchantability) and fitness for a particular purpose. This Chapter will review these different types of warranties. The terms ‘conformity’ and ‘warranty’ are used interchangeably throughout the Chapter.
|Title of host publication||International Sales Law|
|Subtitle of host publication||A Handbook|
|Editors||Larry DiMatteo, André Janssen, Ulrich Magnus, Reiner Schulze|
|Place of Publication||UK|
|Publication status||Published - 6 May 2021|