Whether an express warranty was made by JSC was disputed and, if one was made, reasonable minds could differ as to the extent of that warranty. Generally, whether a warranty has been excluded or modified is also a question of fact. Scientific Application, Inc. v. Delkamp , supra . The Jacques Seed Co. warrants to the extent of the purchase price that the seeds sold are as described on the container, within recognized tolerances. Jacques makes no other warranty, expressed or implied including as to merchantability and fitness for particular purpose.
Seller gives no further warranty expressed or implied.
Fleck did not sign the order form, but he did sign the delivery receipt when the seed corn was delivered to his farm. Their effect was not decided by the trial court. All warranties may properly be excluded, but that exclusion must be part of the bargain between the parties. Scientific Application, Inc. v. Delkamp , supra . Thus, many courts have held that a buyer is not bound by a disclaimer of warranty which he had not agreed upon at the time of sale and which first appeared in an invoice, receipt, or similar note on or after delivery of the goods.