Section 3 covers the " merchantable quality " of goods.
2.
With the exception of defects that are pointed out to the consumer, or which the consumer should easily have been able to see, sellers are expected to provide goods of " merchantable quality ".
3.
Connex claims Siemens provided trains with a braking system that was " defective, faulty and inadequate ", the trains being " not fit for their purpose " and were not of " merchantable quality ".
4.
""'Finch Motors Ltd v Quin ( No 2 ) " "'[ 1980 ] 2 NZLR 519 is an important case regarding " merchantable quality " under the Sale of Goods Act 1908 and the Consumer Guarantees Act ( 1993 ).
5.
In the UK, common law requires that goods must be " fit for the particular purpose " and of " merchantable quality ", per Section 15 of the Sale of Goods Act but this implied warranty can be difficult to enforce and may not apply to all products.
6.
The implied conditions are as to title ( s 53 of the ACL, formerly s 69 of the TPA ), quiet possession, freedom from encumbrances, fitness for purpose ( s 55 of the ACL, formerly s 71 of the TPA ), supply by description or sample ( s 56, s 57 ) and that the goods are of acceptable quality ( s 54 of the ACL, formerly s 66 of the TPA, which used the term " merchantable quality " ).
मोबाइल