Undertakings as to Fitness and Satisfactory Quality

[14.0A] Introduction. As to express promises, there has never been anything to prevent the parties from inserting in their contract terms as to fitness and quality more onerous than the statutory implied terms; ¹ and this category is likely to be increased by the provision making the retailer liable in some circumstances under manufacturers’ guarantees (see para 17.09A ). But any attempt to insert less onerous terms is likely to amount to an exclusion clause (see para 14.02 ). As to criminal liability in relation to trade descriptions, see para 4.02 , et seq.