Question: Able s backyard pool measures 4 0 feet by 2 0 feet and needs a new filter. At the local pool supply store Able finds
Ables backyard pool measures feet by feet and needs a new filter. At the local pool supply store Able finds a filter and reads the sales brochure that states, This filter will keep any normal backyard pool, up to feet by clean and healthy all summer for a minimum of years.
Able signed a sales contract, which included this disclaimer: The filter will work to normal industry standards. This is the only warranty. No other statements, written or oral, apply. Pools vary widely, and the Seller cannot guarantee any specific level of performance or cleanliness. Buyer agrees to this disclaimer.
The filter failed to keep Ables pool clean, and he sued for breach of warranty. Who should win? Why?
This is a typical procedure employed by retailers to use a sales brochure and contract where the claims are in the brochure and the disclaimer is in the contract. Will this change the outcome?
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