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4423 A buyer who requested that oil seals it was purchasing for resale be made from brown vitron, but did not specify what dye should be used, did not furnish specifications that have the effect of preventing an implied warranty of merchantability from accompanying the sale; oil seals dyed with a substance containing abrasives that scratched the shafts of gear boxes into which they were built, permitting oil to escape, were not fit for their ordinary purpose and thereby breached the implied warranty of merchantability; the buyer's consequential damages against the original sellers of the oil seals may include loss resulting from damage to the gear boxes, including indemnity for what the buyer paid in settlement to the party who had purchased the oil seals from it; the original seller's U.S. sales agent was entitled to indemnity from its principal for its costs in defending the resulting action against it.CitationGARLOCK v NAK (Oil Seals) 148 CA4 937 [See: CA UCC 2314 - 2317; Carpenter v Pellegrin 237 CA2 35; Hadley v Baxendale 156 EngRep 145; Great Western v Porter 238 CA2 502]
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