Minhag Hamedinah
Common Commercial Practice #9
Defective Merchandise
Q. What is the role of minhag hamedinah in regard to defective merchandise?
A: “Defective merchandise” depends on social norms, fluctuating with time and place. Shulchan Aruch writes: “Anything that the local people agree that it is a defect to invalidate this sale can be returned ... because whoever buys and sells relies on the local practice” (C.M. 232:6).
Nowadays, there is a strong emphasis on quality, but the definition seemingly depends also on whether the item is marketed as a high-end or cheap-quality item.
Thus, a book with one misprinted page might not be considered “defective” (but the printer should provide a patch for that page), but a group of pages is considered defective. Furniture that is scratched or chipped is considered defective if it is noticeable, especially high-quality furniture. Food beyond the date of sale is considered defective. A cheap tool calibrated slightly off is not considered defective, but a professional tool is. Clothing with a pulled thread depends on the kind of clothing and whether the pull is noticeable.
