The seller is basically free to disclaim express warranties, as long as he does so in a clear and reasonable way. In other words, the disclaimer cannot be buried in the fine print of the contract. A disclaimer of the warranty of fitness for a particular purpose must be in writing , and must also be conspicuous . The language of the sale may implicitly disclaim the warranty. So if the maker or seller of a consumer good wants to give an express warranty in writing, he must also give the two implied warranties.
Seller limits the warranty to repair or replacement of defective yarn.
Buyer then spends a great deal of labor knitting the yarn into expensive sweaters, which fall apart due to poor quality yarn. A court might hold that here, repair or replacement of yarn that has already been expensively knitted into sweaters would be a useless remedy, in which case the basic Code remedy of money damages for breach of the implied warranty of merchantability would re-enter the contract. Second, the court will refuse to enforce a damage limitation if it finds that this is unconscionable . Emanuel Publishing Corp. All rights reserved.