Question

Lobianco contracted with Property Protection, Inc., for the installation of a burglar alarm system. The contract provided in part: Alarm system equipment installed by Property Protection, Inc., is guaranteed against improper function due to manufacturing defects of workmanship for a period of 12 months. The installation of the above equipment carries a 90-day warranty. The liability of Property Protection, Inc., is limited to repair or replacement of security alarm equipment and does not include loss or damage to possessions, persons, or property. As installed, the alarm system included a standby battery source of power in the event that the regular source of power failed. During the 90-day warranty period, burglars broke into Lobianco's house and stole $35,815 worth of jewelry. First, they destroyed the electric meter so that there was no electric source to operate the system, and then they entered the house. The batteries in the standby system were dead, and thus the standby system failed to operate. Accordingly, no outside siren was activated and a telephone call that was supposed to be triggered was not made. Lobianco brought suit, claiming damage in the amount of her stolen jewelry because of the failure of the alarm system to work properly. Did the disclaimer effectively eliminate any liability on the alarm company's part for consequential damages?



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  • CreatedJuly 16, 2014
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