Unless excluded or modified, a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to good of the kind. The serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is, unless excluded or modified, an implied warranty that the goods shall be fit for such purpose.
Implied warranties, including the warranty of merchantability can he limited or excluded in writing. Remedies for breach of warranty also can be limited.
In addition to implied warranties, most goods come with an express warranty (in writing) that sets forth the terms and conditions to follow if the goods are defective.
Whether you have an expressed warranty or an implied warranty, always ask the merchant what is their return policy for defective goods. Some merchants handle returns at the place of business. Others will refer you directly to the manufacturer.
If you have questions concerning your rights against the merchant and the manufacturer, contact the legal office. Legal assistance is available on a walk in basis from 8:30 to 9 a.m., Tuesday through Thursday, and 3 to 3:30 p.m. Monday and Friday.