Please help-an English language problem?
Discussion
Hello,
I recieved a contract draft from our customer in which a clause read like this: the warranties set forth above are in lieu of and expressly exclude all implied warranties of merchantability and fitness for a particular purpose.
I can understand the literal meaning of each word but have no idea of what this clause is referring to. It seems like a standard clause from a lawyer?
Thanks in advance.
Li
I recieved a contract draft from our customer in which a clause read like this: the warranties set forth above are in lieu of and expressly exclude all implied warranties of merchantability and fitness for a particular purpose.
I can understand the literal meaning of each word but have no idea of what this clause is referring to. It seems like a standard clause from a lawyer?
Thanks in advance.
Li
I think they are trying to claim that the sopecific warranty details set out in the contract supersede any other warranties (actual or assumed) that you might have thought were also applicable.
I wonder if that is strictly legal?
I would expect that there should also be a comment stating that "your statutory rights are not affected". In other words, no term in a contract can ever nullify statute or general law.
I wonder if that is strictly legal?
I would expect that there should also be a comment stating that "your statutory rights are not affected". In other words, no term in a contract can ever nullify statute or general law.
Eric Mc said:
I think they are trying to claim that the sopecific warranty details set out in the contract supersede any other warranties (actual or assumed) that you might have thought were also applicable.
I wonder if that is strictly legal?
I would expect that there should also be a comment stating that "your statutory rights are not affected". In other words, no term in a contract can ever nullify statute or general law.
This customer is in Israeli. They put this clause in the warranty period section and they highlighted it. I do know what this clause is intended for. I wonder if that is strictly legal?
I would expect that there should also be a comment stating that "your statutory rights are not affected". In other words, no term in a contract can ever nullify statute or general law.
Eric Mc said:
If you know what it was intended for, why did you ask the original question?
I'm confused.
As it is, is the deal going to be under English/UK Law or Israeli Law.
I doubt if there would be many experts on Israeli contract law on PH.
Sorry, I forgot to type the word NOT. I DO NOT know what it is intended for. I'm confused.
As it is, is the deal going to be under English/UK Law or Israeli Law.
I doubt if there would be many experts on Israeli contract law on PH.
THe contract is between our company, which is in China and the customer who is in Israeli.
The context of this clause is like this:
First we define the warranty period of our system, say 12 months. Then the customer add the said clause, which confused me because:
1,I do not know exactly what it means.
2,how to define a PARTICULAR PURPOSE? Does the intended function of our product not a particular purpose? For example, a pen is for writing. Isn't this also a particular purpose? If so, does this clause exclude the warranty period of my product for all purposes including the one required by the contract,which is not possible for any contract? Or did I misunderstand the word A PARTICULAR PURPOSE?
Particular purpose usually refers to the original purpose of the object. If the item breaks because it was being used for a purpoose that it wassn't intended for, that usually invalidates any warranty provisions.
However, because all the parties involved in this deal seem to be based outside the UK, I would expect that the actual law under which the deal is being set up is going to be quite complicated and certainly beyond my area of knowledge. Does it actually say in the contract what country's law takes precedence in this contract?
However, because all the parties involved in this deal seem to be based outside the UK, I would expect that the actual law under which the deal is being set up is going to be quite complicated and certainly beyond my area of knowledge. Does it actually say in the contract what country's law takes precedence in this contract?
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