Question

Implied Warranties. Tandy purchased a washing machine from Marshall Appliances. The sales

contract included a provision explicitly disclaiming all express and 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 turned out to be a "lemon" and never functioned
properly. Tandy sought a refund of the purchase price, claiming that Marshall had breached the
implied warranty of merchantability. Can Tandy recover her payment, notwithstanding the
warranty disclaimer in the contract? Explain.

Answer 1

It depends on the jurisdiction and the specific facts of the case. In general, disclaimers of implied warranties may not be enforceable if they are found to be unconscionable or if the seller knew or should have known of a defect in the product at the time of sale. Additionally, some jurisdictions recognize an implied warranty of fitness for a particular purpose, which may not be disclaimed. Tandy would need to present evidence showing that the warranty disclaimer was unconscionable or that the seller knew of the defect.

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