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Trans-Spec Truck Service, Inc. v. Caterpillar Inc.

Exculpatory clause in heavy equipment manufacturer's commercial sales contract effectively barred buyer's negligence claim for design, development, assembly, manufacture, inspection, testing, marketing, advertising, and distribution of truck engines.

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Before Torruella, Lipez,and Howard, Circuit Judges.

This case requires us to apply the accrual and statute of limitations provisions of the Uniform Commercial Code of Massachusetts to breach of warranty claims brought by Trans-Spec Truck Service (“Trans-Spec”) against Caterpillar, Inc. Trans-Spec purchased twenty-two heavy-duty, custom-built trucks powered by Caterpillar engines. More than four and a half years after it took delivery of the trucks, Trans-Spec filed suit against Caterpillar, alleging breach of warranty, violation of Massachusetts’s unfair trade practices act, Mass. Gen. Laws ch. 93A, and negligence, arising from failures in the flywheel housings in a significant number of the Caterpillar-powered trucks. Accepting the recommendation of the magistrate judge, the district court dismissed Trans-Spec’s warranty and chapter 93A claims as time-barred. Caterpillar then won summary judgment on the remaining negligence count. We affirm.

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