Giorgio runs a baseball equipment supply store. He specializes in supplying batting cages with new and used pitching machines. Giorgio sold Juanita a used pitching machine for her softball team. Juanita signs a lengthy contract in which Giorgio disclaims all liability and sells the machine to her "as is." These terms are in the same font as the rest of the text and not bolded, underlined, or otherwise highlighted. When Juanita gets the machine to her house, it catches fire and burns down her garage. Is Giorgio potentially liable for the damage?
What will be an ideal response?
Giorgio did not effectively disclaim any warranties or limit his liability when he sold Juanita the pitching machine. He used the correct language to limit his liability but did not do so in the proper manner. The UCC requires that Giorgio put disclaimers and limitations in conspicuous text like capital letters or a bold font. Giorgio did none of this; therefore, he did not effectively disclaim the warranties and limit his liability on the pitching machine.
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