Tobias Novelties is a company that manufactures and sells various sports-related novelty items, including giant "we are number 1" foam hands. Tobias is revamping its product line-up, and wants to sell the equipment it uses to manufacture these giant foam hands. Tobias did not manufacture this equipment itself, and does not want to give any warranties when re-selling it to other users. Because the implied warranty of merchantability arises automatically, Tobias will only be able to disclaim such a warranty if it does so explicitly, conspicuously, and in writing.
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