Manuela Purchased a Network Server from Compu-Sell

question 37

Multiple Choice

Manuela purchased a network server from Compu-Sell.After installing the server and trying to use it for several days,however,she discovered that it does not perform in the way that she expected and requires.Which of the following statements is TRUE with respect to terms under the Sale of Goods Act?

• A)If the server is not of merchantable quality,Manuela will not be able to sue if she did not inspect the server at the time of purchase,and if the defect would have been discovered on the basis of a reasonable inspection.
• B)Because of the maxim caveat emptor,the parties' contract will not contain an implied term of merchantability unless the parties actually intended to include that term.
• C)Manuela will not be able to sue for a lack of merchantability unless it was reasonably clear to Compu-Sell that Manuela was relying on its expertise.
• D)The server may be of merchantable quality if Manuela purchased it as used,even if it would not be considered merchantable quality if Manuela purchased it new.
• E)The implied term of merchantability applies to the server itself,but not to its labeling and packaging.

---

Definitions:

Corporate Headquarters

The main office or center of operations for a corporation, often where strategic decisions are made.

Preapproach Stage

The phase in the sales process where the salesperson gathers relevant information before making the initial contact with the prospective customer.

Qualify Leads

The process of assessing potential sales contacts to determine their likelihood of becoming profitable customers.

Buying Process

A series of steps consumers go through, from recognizing a need or desire to the final purchase and post-purchase evaluation.