Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller

Exercise 12

Warranty Disclaimers. Tandy purchased a washing machine from Marshall Appliances. The sales contract included a provision explicitly disclaiming all express or implied warranties, including the implied warranty of merchantability. The disclaimer was printed in the same size and color as the rest of the contract. The machine never functioned properly. Tandy sought a refund of the purchase price, claiming that Marshall had breached the implied warranty of merchantability. Can Tandy recover the purchase price, notwithstanding the warranty disclaimer in the contract? Explain. (See page 448.)