Breach of Express/Implied Warranty • Disclaimer • Timeliness • End of the Bargaining Process
Allen-Myland Inc. v. Garmin Int’l, Inc., PICS Case No. 16-0701 (Pa. Super. May 24, 2016) Stabile, J. (35 pages).
A disclaimer of an implied warranty of fitness for particular purpose for avionics equipment to be installed in an aircraft was not effective where it was not part of the parties’ bargain, because the buyer was not provided with the manufacturer’s notice of the disclaimer until after the completion of the parties’ bargaining process. Compulsory nonsuit reversed; case remanded.
