Volume: 49 |  Issue: 1 |  Download

Merchantability for service and fitness for intended purpose of use is a promise, arising by operation of law, that something that is sold will be merchantable and fit for the purpose for which it is sold. An item is deemed merchantable if it is reasonably fit for the ordinary purposes for which such products are manufactured and sold. This is relative in this case to flooring material. The biggest problem in the flooring industry is the wrong product specified or sold for use in the wrong place. All flooring material will not perform satisfactorily in all applications for any number of reasons. Manufacturers and reps don't always know enough about the products and particularly their installation because they don't always know the specific use it is going to be subjected to.