The parties are free to negotiate the terms of any contract they decide to enter into. Typically, before a contract of sale is finalised, the parties make specific representations to one another regarding the terms of the contract. The statement may be construed as a clause that is included in the contract or as merely an opinion that is not. If the seller makes a claim on which the buyer bases their agreement, the claim will qualify as a provision. If the merchant is merely recommending his products, there is no stipulation and no right to take legal action.
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