...section an implied warranty that the goods shall be fit for such purpose. N.J. Stat. Ann. § 12A:2-315. Section 12A:2-316, entitled "Exclusion or...disclaim the implied warranty of fitness for a particular purpose. Arguing that the exculpatory clauses allowed by U.C.C. § 2-316 are subject to strict construction...New Jersey Transit Corporation ("Transit") can rely on the implied warranties of merchantability and fitness for a particular purpose to recover damages, where the contract's one-year express warranty...

...fitness for a particular purpose, is specifically permitted under the Code. See N.J.S.A. 12A:2-316. Nevertheless, in order to effect the...warranties of merchantability or fitness for a particular purpose." This suggests, by negative implication, that the guarantee actually given the purchaser itself constitutes an express warranty since it..., including but not limited to any implied warranties of merchantability or fitness for a particular purpose. It does not cover consequential damages and...

...N.J.S.A. 12A:2-103(1) (d).) N.J.S.A. 12A:2-318 says, limitedly, that: "A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer...control, as the courts below held, or whether the appropriate period is that prescribed by the Uniform Commercial Code, N.J.S.A. 12A:2-725, with respect to "[a]n action for breach of any contract for...actions provision is found in the sales chapter, N.J.S.A. 12A:2-725, giving rise to the question before us: (1) An action for breach of any contract for sale must be...

...regarding the quality of the goods, N.J.S.A. 12A:2-313, and implied warranties of merchant-ability, N.J.S.A. 12A:2-314, and fitness for a...particular purpose, N.J.S.A. 12A:2-315. But the seller may exclude or modify liability on warranties if the exclusion or modification is conspicuous. N.J.S.A. 12A:2-316. Further, as set forth in...SELLER AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED BY LAW OR OTHERWISE. B. NO WARRANTY OR MERCHANTABILITY OR FITNESS FOR PURPOSE OTHER THAN...

...U.C.C. provides for express warranties regarding the quality of goods, N.J.S.A. 12A:2-313, as well as an implied warranty of merchantability, N.J.S.A. 12A:2-314, and an implied warranty of fitness for...a particular purpose, N.J.S.A. 12A:2-315. When a seller delivers goods that are not as warranted, the buyer may recover the difference between the value of the defective goods and their value if they...negligence, strict liability and breach of warranty. Ibid. The basic issue was whether the applicable statute of limitations was the four-year statute in the U.C.C., N.J.S.A. 12A:2-725, or the...

...certified and submitted by the United States Court of Appeals for the Third Circuit pursuant to Rule 2:12A–1. We have been asked whether the Truth–in–Consumer Contract, Warranty and Notice Act...of Appeals for the Third Circuit certified two questions to this Court in accordance with Rule 2:12A–1: (1) Does...plaintiffs and redeemable at particular restaurants, constitute “property” under the New Jersey Truth–in–Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12–14 to –18...

...merchantability," a more comprehensive Code warranty that includes the implied warranty of fitness. N.J.S.A. 12A:2-314. The sixth and seventh counts of the complaint are not...warranty of fitness. N.J.S.A. 12A:2-314(2)(c). The third count specifically alleges that defendant breached an "express warranty" because the yacht was not new. The fourth count specifically alleges that...Commercial Code (Code). N.J.S.A. 12A:2-725. The complaint was filed more than four years after accrual of a Code claim, but within six years after accrual of a tort claim for economic loss. Plaintiff's...

..., expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, and of any other obligations or liability on the part of the Manufacturer, and Chevrolet Motor...the vehicle and therefore under the Code N.J.S.A. 12A:2-607 (1) is bound to complete payment for it. Defendant asserts that he never accepted the vehicle...stone and hard materials, and purchased under a warranty of fitness for such purpose, after testing them, and, discovering defects which cause dissatisfaction, continue to use them, not in order to...

...-Moss Act. The UCC provides for express warranties regarding the quality of the goods, N.J.S.A. 12A:2-313, and implied warranties of merchantability, N.J.S.A. 12A:2-314, and fitness for a particular...warranties of merchantability and of fitness for a particular purpose, is specifically permitted under the UCC. See N.J.S.A. 12A:2-316...purpose, N.J.S.A. 12A:2-315. But the seller may exclude or modify liability for warranties if the exclusion or modification is conspicuous. N.J.S.A. 12A:2-316. Further, as set forth in GMAC's...

...of fitness for Chatlos's particular purposes was created as well. Id.; see N.J.Stat.Ann. § 12A:2-315 (West 1962). Finding that these warranties had been...breached, the court looked to U.C.C. § 2-714(2). That section measures damages for breach of warranty as the difference between the value of what was accepted and what was warranted..., N.J.Stat.Ann. § 12A:2-714(2), which in this case was determined to be $57,152.76. The court awarded additional damages of $63,558.16 for items such as employee salaries and lost profits, since it...

...in the sample. N.J.S.A. 12A:2-316(3)(b) (excludes buyer's rights under any implied warranty after buyer examines goods) (1962). In...the New Jersey Supreme Court decision in Spring Motors. For a warranty of fitness for a particular purpose, we predict that New Jersey rule would be that the remote seller's warranty extends to...second sample. Thus, we cannot here determine whether Heide's claims in implied warranty are excluded by N.J.S.A. 12A:2-316(3)(b). We say this because there is a disputed question of fact as to whether...

...an express warranty to be conspicuous. Compare the requirements of N.J.S.A. 12A:2-316(2) as regards implied warranty of merchantability and warranty of fitness for a particular purpose. The.... The dissent does not dispute that N.J.S.A. 12A:2-719(3) is applicable to claims for breach of express warranty. On the face of the statute, that section renders prima facie unconscionable a...stipulations contained in this Guarantee. No other guarantee or warranty, express or implied, is made. N.J.S.A. 12A:2...

.... (Digitcom) and Stephenson Machinery Co. (Stephenson) appeal from a verdict awarding plaintiff $45,000 for lost profits on the basis of a breach of an implied warranty of fitness for a particular purpose...contained a limited warranty and statement negating the statutory implied warranties of merchantability and fitness for a particular purpose. The trial judge in charging the jury...implied warranty of merchantability N.J.S.A. 12A:2-314; Herbstman v. Eastman Kodak Co., 68 N.J...

...entitled to relief under section 12A:2-608 unless circumstances caused the limited remedy "to fail of its essential purpose." N.J.S.A. 12A:2-719(2). Although the U.C.C. does not...R. 4:37-2(b); R. 4:40-1. N.J.S.A. 12A:2-719 specifically permits a warranty contract to limit remedies available to a buyer and to provide that the seller may repair a.... Plaintiff's reliance on N.J.S.A. 12A:2-608 is therefore misplaced. The provisions permitting revocation of acceptance are inapplicable where the terms of a warranty limit the purchaser's remedies...

...Uniform Commercial Code, N.J.S.A. 12A:2-106(1), but rather an agreement for the rendition of services. Therefore, it was not accompanied by any warranty of fitness of products used in rendering the...wave, unquestionably an implied warranty of fitness for that purpose would have been an integral incident of the sale. Basically defendants argue that if, in addition to recommending the use of a lotion.... 475 ( E. A. 1947). These cases hold that an implied warranty of fitness of an article for the purpose for which it is sold binds the seller even though only a small proportion of those...

...Pennsylvania the implied warranty of fitness for a particular purpose, Pa. Stat. Ann. tit. 12A, 2-315 (1970), not only protects a buyer who purchases goods with the intention of using them in a...implied warranty of fitness for a particular purpose, Pa. Stat. Ann. tit. 12A, 2-315 (1970). Defendant now contends that such a suit is tenable only where the goods were purchased for a particular purpose...factual showing, sufficient to go to the jury, of the existence of an implied warranty of fitness for a particular purpose under Pa. Stat. Ann. tit. 12A, 2-315 (1970), its breach, the giving of notice of...