280. Warranties of fitness.

Where the employer instructs the contractor to obtain specified materials from a particular manufacturer or supplier, whether by formal nomination or by simple designation, the employer may not rely on the skill and judgment of the contractor in selecting such materials. Accordingly the implied term of the main contract as to suitability may not extend to materials supplied by a nominated supplier1. Where such materials are defective only by reason of being unfit for their purpose, and where the employer did not seek and rely on the main contractor's skill and judgment in respect of them, the employer will

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