Question: Cole Energy Development Company Cole Energy wanted to lease a

Cole Energy Development Company (Cole Energy) wanted to lease a gas compressor for use in its business of pumping and selling natural gas and began negotiating with the Ingersoll Rand Company (Ingersoll Rand) for the lease of a gas compressor. The two parties entered into a lease agreement whereby Ingersoll Rand leased a gas compressor to KOA. The lease agreement contained a section labeled “WARRANTIES.” Part of the section read,
There are no implied warranties of merchantability or fitness for a particular purpose contained herein.
The gas compressor that was installed failed to function properly. As a result, Cole Energy lost business. Cole Energy sued Ingersoll Rand for the breach of an implied warranty of merchantability. Is Ingersoll Rand liable? Has Cole Energy acted ethically in bringing the lawsuit? Has Ingersoll Rand acted ethically in denying liability for the failure of a product it sold? Cole Energy Development Company v. Ingersoll Rand Company, 678 F. Supp. 208, 1988 U. S. Dist. Lexis 923 (United States District Court for the Central District of Illinois)

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