Target Company, Inc. ordered a generator from Maximum Voltage Corporation. A dispute has arisen over the effect of a provision in the specifications that the generator have a 5,000 kilowatt capacity. The specifications were attached to the contract and were incorporated by reference in the main body of the con- tract. The generator did not have this capacity but instead had a maximum capacity of 4,800 kilowatts. The contract had a disclaimer clause which effectively negated both of the implied warranties of quality. Target is seeking to avoid the contract based upon breach of warranty and Maximum is relying on its Which of the following is a correct state- disclaimerment?

A- The 5,000 kilowatt term contained in the specifications does not constitute a warranty.

b-The disclaimer effectively negated any and all warranty protection claimed by Target.

C- The description language (5,000 kilowatt) contained in the specifications is an express warranty and has not been effectively disclaimed.

d. The parol evidence rule will prevent Target from asserting the 5,000 kilowatt term as a warranty.

Answer rating: 100% (QA)

C The description language 5000 kilowatt contained in ... View the full answer