# Implied Warranty of Fitness Contract Agreement
**This Implied Warranty of Fitness Contract Agreement ("Agreement") is entered into as of [Date], by and between [Buyer Name] ("Buyer") located at [Buyer's Address] and [Seller Name] ("Seller") located at [Seller's Address].**
## Recitals
WHEREAS, Seller is engaged in the business of selling [Describe Goods/Services] and represents that such goods/services are suitable for the particular purpose intended by the Buyer; and
WHEREAS, Buyer desires to purchase said goods/services with the understanding that they will be fit for the purpose intended.
NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows:
## 1. Sale of Goods/Services
Seller agrees to sell, and Buyer agrees to purchase, the following goods/services:
- [Description of Goods/Services]
- [Specifications, if applicable]
## 2. Implied Warranty
Seller warrants that the goods/services provided to the Buyer shall be fit for the particular purpose intended by Buyer, as known and understood by Seller at the time of the transaction.
### 2.1 Conditions of Warranty
- The implied warranty shall be applicable only if:
- Buyer has made known to Seller the specific purpose for which the goods/services are required.
- Buyer relies on Seller's skill or judgment in selecting or furnishing suitable goods/services.
### 2.2 Limitations
This implied warranty does not apply if:
- Goods/services have been altered or modified after purchase.
- The goods/services were improperly used or maintained by the Buyer.
- The nature of the goods/services inherently precludes fitness for the intended purpose.
## 3. Disclaimer of Additional Warranties
Except as expressly stated in this Agreement, Seller makes no additional warranties, express or implied, including but not limited to, any warranty of merchantability or fitness for a particular purpose beyond what is stated herein.
## 4. Liability
Seller's liability for any breach of the implied warranty shall be limited to the following:
- Replacement of the goods/services or a refund of the purchase price at the Seller's discretion.
## 5. Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the State of [State], without regard to its conflict of law provisions.
## 6. Entire Agreement
This Agreement constitutes the entire understanding between the parties concerning the subject matter contained herein and supersedes all prior agreements, negotiations, and discussions.
## IN WITNESS WHEREOF, the parties hereto have executed this Implied Warranty of Fitness Contract Agreement as of the date first written above.
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**[BUYER NAME]**
Signature: __________________________
Name: [Printed Name]
Title: [Title if applicable]
Date: __________________________
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**[SELLER NAME]**
Signature: __________________________
Name: [Printed Name]
Title: [Title if applicable]
Date: __________________________
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*Please consult with a qualified attorney to ensure compliance with local laws and regulations before finalizing this agreement.*