Is there an implied warranty of fitness of materials as well as workmanship with respect to premises in the course of construction?

He then went on to find that there was an implied warranty of fitness of materials (as well as workmanship) with respect to premises in the course of construction. In this connection, he quoted and relied upon Barak v. Langtry (1954), 12 W.W.R.(N.S.) 691 (B.C.S.C.) at pp. 700-701. He rejected the submission by MHRC that the contract was, in part, for the sale of goods and that the furnace should be treated as a sale of goods which would attract no implied war ranty on condition of fitness. He also rejected the submission by MHRC that the implied warranty was excluded by a limita tion clause in the contract which read as follows: "In making this offer, the purchaser relies solely on his own personal inspection and knowledge of the property and not on any representations made by or on behalf of the vendor, except such as are expressly contained herein."