15.6 Caveat Emptor and its Exceptions

The rule: caveat emptor — the buyer buys at his peril: no implied warranty of quality where the buyer examines the goods or orders by his own specification. The inroads (the exceptions): Fitness for purpose — the seller's dealer-and-expert dealing plus the buyer's reliance (the implied condition above); Merchantable quality — the trade-standard implied condition; Sale by description/sample — the correspondence conditions; The seller's active concealment of defects (fraud's vitiators — Unit 5); The trade usage's implied terms. The buyer's opportunity to examine polices patent defects; the Nepali reinforcement: the Consumer Protection Act 2075 (refund, replacement, compensation for defective goods and services — the statutory face beyond the common-law architecture).