Which product warranties are implied under Pennsylvania law?

The Pennsylvania UCC contains the following warranties:

  1. Implied Warranty of Merchantability. The Implied Warranty of Merchantability applies only to merchants with respect to goods they are in the business of selling. The warranty implies into the sale that the goods are not defective and are fit for the ordinary purpose for which such goods are used.
  2. Implied Warranty of Fitness for a Particular Purpose. Under the Implied Warranty of Fitness for a Particular Purpose, if the seller, at the time of contracting, has reason to know that the buyer has specialized needs and is relying on the seller to produce goods for a specific use particular to the buyer’s business, the law will imply that the goods being produced by the seller are fit for the buyer’s particular purpose.
  3. Implied Warranty of Title. The Implied Warranty of Title is an implied promise that the seller owns the goods and conveys good title to them via a rightful transfer. The warranty also includes a promise that the goods are free of any security interest or other lien or encumbrance not disclosed to the buyer.
  4. Implied Warranty Against Infringement. This warranty implies a promise that the goods sold do not infringe on the intellectual property rights of third parties.


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