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I'm not sure that a dealer could exclude firmware bugs from the definition of merchantable quality, even if they are well known. A patch is fine but the product as a whole surely would still have to be capable of doing what it is designed to do.
A go to scope MUST be capable of going to an object, otherwise it is not merchantable and the dealer has to comply with the law, and as I understand the law, that means an implied warranty to the consumer that always applies regardless of what any written warranty says.
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