Warranties in Particular Sales

• Sale on Buyer’s Specifications. When the buyer furnishes the seller with exact specifications for the preparation or manufacture of goods, the same warranties arise as in the case of any other sale of such goods by the particular seller. However, no warranty of fitness for a particular purpose can arise since it s clear that the buyer is purchasing on the basis of the buyer’s own decision and is not relying on the seller’s skill and judgment.
• Sale of Secondhand or Used Goods. As far as the UCC is concerned, there is no difference between the warranties arising in the sale of used goods and those arising in the sale of new goods. With respect to used goods, what is “fit for normal use” will be a lower standard for used than for new goods.
• Sale of Food or Drink. The sale of food or drink, whether to be consumed or off the seller’s premises, is a sale. When made by a merchant, a sale of food or drink carries the implied warranty that the food is fit for its ordinary purpose, i.e., human consumption.