Question: True or False: By using the term as is a seller can successfully exclude or disclaim the warranty of fitness but not that of merchantability.

True or False:

  1. By using the term as is a seller can successfully exclude or disclaim the warranty of fitness but not that of merchantability.
  2. The warranty of title applies to merchants but not to non-merchants.
  3. A warranty of title cannot be excluded or disclaimed by using the term as is.
  4. Trade usage is an important factor to be considered in determining the scope of any warranty.
  5. A warranty of title may not be disclaimed by general language.
  6. The UCC authorizes the recovery of both incidental and consequential damages in case of breach of warranty.
  7. A buyer can return a used car to his seller one week after purchase on the basis of a dented fender.

  1. If a buyer pays for lost profits, sellers recovery is reduced by an allocable portion of sellers overhead.

  1. Under the provisions of the UCC, a buyer can elect to reject only non-conforming goods.

10. After delivery of the goods, but before acceptance, the buyer generally has the right to nspect the goods delivered.

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