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 under the next section an implied warranty that the goods shall be fit for such purpose.
Thursday, March 4, 2010
Manufacturer won't even stand behind the Intoxilyzer
How long's that warranty on your new car? What about on your new flat panel television? Would you buy that new car if the manufacturer only promised it would be free from defects in material and workmanship for one year?
The warranty on the Intoxilyzer is only for one year - and only for defects in material and workmanship. CMI will, however, gladly warrant any product repairs for 90 days.
CMI will not warrant the Intoxilyzer as "fit for the ordinary purpose for which goods of that description are used" (UCC 2-314).
CMI even refuses to warrant that the Intoxilyzer is fit for the purpose for which the state is using the machine.
If the manufacturer of the machine has so little faith in its fitness, why should anyone else?