In a bailment for mutual benefit or for hire, there is an implied warranty or obligation that the property will be reasonably fit for the purpose for which the bailor knows the bailee intends to use the property. This means the property must possess the qualities usually belonging to the things of that kind when used for the same purpose.

Because this warranty or obligation is implied by law, it exists even if it is not part of the written agreement between the parties [,and even if the written agreement contains a provision that it is the entire contract between the parties]. Only if the implied warranty is inconsistent with any express warranty contained in the written agreement, or if it is precluded by other language in the agreement, will the implied warranty not take effect.

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