"The thing shuddered, and sounded like the bearings were spinning,
screaming and howling..."

The OP is arguing that the tool isn't of merchantable quality.

That's pretty much the definition of merchantability.



"Andy Dingley" wrote in message
...
On Thu, 12 May 2005 00:46:59 GMT, "Mark Cooper"
wrote:

Ever heard of a guarantee of merchantability?

Of course - if the OP had bought one of the self-immolating "Firestorm"
drills from B&D, he'd have a point.

But who's arguing that the tool here isn't "of merchantable quality" (as
my local laws phrase it) ? The question is whether the buyer has an
entitlement to replace it simply because they don't like it (for
whatever reason) rather than arguing the stronger claim that the tool
is not at all merchantable.