A warranty of merchantability is a legal promise in the sale of goods by a merchant. This warranty helps protect consumers and ensures that the goods sold meet a minimum level of quality. In Oklahoma, the warranty of merchantability is governed by the Uniform Commercial Code (UCC), which has been adopted into Oklahoma law.

Understanding the Warranty of Merchantability

The warranty of merchantability is an implied warranty, meaning it is automatic, even if it’s not in the sales contract.

Criteria for Merchantable Goods:

• Fit for Ordinary Use: The goods must be fit for the ordinary purposes of their use.
• Adequately Packaged and Labeled: The goods must be adequately contained, packaged, and labeled as required by the agreement.
• Consistent Quality: The goods must be of consistent quality and quantity within each unit and among all units involved.
• Conform to Promises: The goods must conform to any promises or affirmations of fact made on the container or label.

The warranty of merchantability typically lasts for a reasonable period, however, this may vary depending on the nature of the goods and their expected lifespan.

Enforceability in Oklahoma

The warranty of merchantability is enforceable under the Oklahoma Uniform Commercial Code (12A O.S. § 2-314). This section of the law outlines the requirements and enforceability of implied warranties in the sale of goods.

A seller can exclude or modify the warranty of merchantability but must do so explicitly and in writing, meaning it must be clearly visible and understandable to the buyer. The use of terms such as “as is” or “with all faults” in the sales contract can effectively disclaim the warranty of merchantability.

To prove a breach of the warranty of merchantability, the buyer must show that the goods did not meet the criteria at the time of sale. The buyer must notify the seller of the breach within a reasonable time after discovering the defect.

Remedies for Breach

If a breach occurs, you have a few options on how to recoup your loss, such as:

Repair or Replacement: The buyer can request that the seller either repair or replace the defective goods.

Refund: The buyer can return the goods in order to receive a refund of the purchase price.

Damages: The buyer can seek damages for any loss resulting from the breach. This may include the cost of repair, the difference in value between the goods as warranted and the goods as received, as well as any consequential damages caused by the defect. In some cases the law in Oklahoma also allows an award of attorneys fees and cost to the aggrieved party.

Tulsa County Business Law Attorneys

The warranty of merchantability is an important consumer protection that ensures they get quality goods from sellers. Sellers can exclude or modify this warranty with clear and conspicuous disclaimers, but without such disclaimers, there is an implied warranty in the sale of goods. If a breach occurs, buyers have several remedies available, including repair, replacement, refund, and damages.

Our team of business attorneys here at Tulsa County Lawyers Group will guide you through the process. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.