A Buyer purchases a toaster 'as is' from a Department Store. The toaster catches fire due to a manufacturing defect. Can the Buyer sue for breach of the Implied Warranty of Merchantability?

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UCC Contracts QUESTION #5853

Question 1

Yes, manufacturing defects cannot be disclaimed.
No, 'as is' effectively disclaims the implied warranty of merchantability.✔️
Yes, because the Store is a merchant.
No, because the Buyer should have tested it first.

Correct Answer Explanation

Under UCC §2-316(3)(a), expressions like 'as is' or 'with all faults' exclude all implied warranties.

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