281. Warranties of quality.

281.     Warranties of quality.

Generally the implied term of the main contract that the materials used should be of good quality will apply where materials are supplied by a nominated supplier. Where the contract provides that the contractor may reasonably object to the nomination of a sub-contractor but gives no similar right in respect of the nomination of suppliers, the implied warranty of quality may be excluded from the main contract in respect of materials supplied by a nominated supplier1. Where the nominated supplier contracts on terms which limit his liability for defects of quality, the implied