Kyle,a manufacturer of cribs and various kinds of furniture for children,sold 100 cribs to Tara,the owner and operator of a store that specialized in the sale of such items.The sale was accomplished pursuant to a typewritten contract entered into by both parties.You are to assume that the implied warranties of merchantability and fitness for a particular purpose would apply to the transaction,unless such warranties were effectively disclaimed.The parties' typewritten contract included,in a prominent position,a term that was in all capital letters,unlike the rest of contract,which was in standard type.The term read: "Seller hereby disclaims all implied warranties." On these facts,Kyle has probably made an effective disclaimer of:

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In the above case,considering all the facts mentioned,Kyle has probably made an effective disclaimer of the implied warranty of fitness for a particular purpose,but not the implied warranty of merchantability.A general disclaimer such as,"ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED," if sufficiently conspicuous,would disclaim the warranty of fitness for a particular purpose.It would not,however,exclude the warranty of merchantability because the word merchantability was not used.

Kyle,a Manufacturer of Cribs and Various Kinds of Furniture for Children,sold