February 05, 2006
"Repair or Replace" Promise is Express Warranty
A manufacturer’s limited “repair or replace” warranty is an “express warranty” for purposes of UCC Article 2, and extends to purchasers of the goods who are not in privity with the manufacturer, according to a recent decision by the U.S. Court of Appeals for the Sixth Circuit, applying Michigan law. The court also held that no privity of contract is required for an implied warranty under the UCC, so that a remote purchase can recover from a manufacturer if the goods are not merchantable.
Pack v. Damon Corp., 2006 U.S. App. LEXIS 343 (6th Cir. Jan. 5, 2006).
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