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Contract and Commercial Law Act 2017

Sale of goods - Formation of contract - Conditions and warranties

140: Implied warranty or condition by usage of trade

You could also call this:

“Unwritten promises about what you buy based on common business practices”

When you buy something, there might be an unwritten promise about how good the item is or whether it’s right for what you want to use it for. This promise isn’t said out loud or written down, but it’s understood because it’s a common practice in that type of business. It’s like an invisible rule that everyone in that business follows. This rule becomes part of your agreement with the seller, even if you don’t talk about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844331.

Topics:
Business > Fair trading Money and consumer rights > Consumer protection
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139: Implied condition that goods are of merchantable quality, or

"Items sold should be good enough to sell, unless you saw problems before buying"

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141: Express warranty or condition, or

"Promises made when you buy something"

Part 3 Sale of goods
Formation of contract: Conditions and warranties

140Implied warranty or condition by usage of trade

  1. An implied warranty or condition as to quality or fitness for a particular purpose may be treated as being included in a contract of sale by the usage of trade.

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