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Frank's Maintenance and Engineering, Inc




Frank's Maintenance and Engineering, Inc., orally ordered steel tubing from C.A.;Roberts Co. for use in the manufacture of motor;cycle front fork tubes. Since these;front fork tubes bear the bulk of the weight of a motorcycle, the steel used must be of;high quality. Roberts Co. sent an acknowledgment with conditions of sale including;one that limited consequential damages and restri;cted remedies available upon;breach by requiring claims for defective equipment to be promptly made upon;receipt. The conditions were located on the back of the acknowledgment. The legend;?conditions of sale on reverse side? was stamped over so that on fir;st appearance it;read ?No conditions of sale on reverse side.? Roberts delivered the order in January.;The steel had no visible defects, however, when Frank's Maintenance began using the;steel in its manufacture in the summer, it discovered that the steel;was pitted and;cracked beyond repair. Frank's Maintenance informed Roberts Co. of the defects;revoked its acceptance of the steel, and sued for breach of warranty of;merchantability. Is the limitation of rights enforceable?;Additional Requirements;Min Pages: 2;Level of Detail: Only answer needed


Paper#20600 | Written in 18-Jul-2015

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