Cengage Advantage Books: Introduction to Business Law 4th Edition by Timothy Koch, Jeffrey Beatty, Jeffrey Beatty, Susan Samuelson, Susan Samuelson

Exercise 15

Seller's sales contract states that "The model 8J flagpole will withstand winds up to 150 mph, for a minimum of 35 years." The same contract includes this: "This contract makes no warranties, and any implied warranties are hereby disclaimed." School buys the flagpole, which blows down six months later in a 105-mph wind.
(a) Seller is not liable because it never made any express warranties.
(b) Seller is not liable because it disclaimed any warranties.
(c) Seller is liable because the disclaimer was invalid.
(d) Seller is liable because implied warranties may not be disclaimed.