Tu-thumbs buys a used paint sprayer from the local paint store.The sprayer had a large sign on it which said "ASIS." The dealer made no promises or statements concerning the performance of the paint sprayer.When Tu-thumbs attempts to spray paint his house,the trigger on the sprayer sticks in the "on" position and before Tu-thumbs can pull the electrical cord to cut the power,paint is sprayed all over his prize Borzoi dog that is scheduled to be shown in a dog show the next day.Tu-thumbs sues the dealership.Who wins?
A)Dealer wins; there were no express warranties and all implied warranties have been successfully disclaimed.
B)Tu-thumbs wins; he can recover on the basis of express warranties.
C)Tu-thumbs wins; he can recover on the basis of the implied warranty of merchantability because the word "merchantability" was not used in the disclaimer.
D)Dealer wins; even though there were implied warranties, the damage to the dog could not have been foreseen.

Question

Quizplus · Accepted Answer

The dealer wins because the "AS IS" sign effectively disclaims all implied warranties, and there were no express warranties made by the dealer.

Tu-Thumbs Buys a Used Paint Sprayer from the Local Paint