Darrow purchases a new car from Slippery Motors. The retail installment contract states immediately above the buyer's signature in large, bold type: "There are no warranties that extend beyond the description on the face hereof" and "There are no express warranties that accompany this sale unless expressly written in this contract." Before purchasing the car, Darrow specifically informed Slippery's salesperson that he wanted a car that could be driven in a dusty area without needing mechanical repairs. Slippery's salesperson said to Darrow, "Nothing will go wrong with this car, but if it does, return it to us, and we will repair it without cost to you." Neither this statement nor any similar statement appears in the retail sales contract. Darrow drives the car into a dust storm. The air
filter gets plugged up, and the car engine overheats, causing motor damage. Slippery Motors refuses to repair the engine under any warranty. Darrow claims that Slippery is liable for breach of the implied warranty of fitness for a particular purpose, that the Magnuson-Moss Warranty Act prohibits disclaiming this implied warranty, and that the salesperson's express warranty has also been breached. What are the problems with Darrow's claims?
What will be an ideal response?
Darrow has a number of problems with these claims. First, the Magnuson-Moss Warranty Act applies only to written express warranties made by a seller of consumer goods. Because no written express warranties were made, the act does not apply. (Had a written express warranty been made, Darrow's claim that Slippery cannot disclaim implied warranties would be correct.) Second, a seller can specifically disclaim the implied warranty of fitness if the disclaimer is in writing and is conspicuous. The word fitness does not have to appear in the disclaimer, and the statement "There are no warranties that extend beyond the description on the face hereof" is specifically designated by the UCC as effectively disclaiming the warranty of fitness. The bold print would seem to serve as notice of disclaimer. Therefore, Darrow cannot claim breach of the warranty of fitness. Third, the UCC also allows for negation of express warranties if the negation is in clear, specific, and unambiguous language. Although a valid argument can be made that the buyer deserves protection from unauthorized oral warranties, if the buyer signed the contract with knowledge of the conspicuous disclaimer, the buyer's claim will not be supported.
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