Product liability and warranties - Business law Ralph’s Hardware updated its acc
ID: 359135 • Letter: P
Question
Product liability and warranties - Business law
Ralph’s Hardware updated its accounting system and agreed to purchase a computer system from a manufacturer, Bits and Bytes (BB). During contract negotiations, BB’s sales representative promised that the system was “A-1” and “perfect.” However, the written contract, which the parties later signed, disclaimed all warranties, express and implied. After installation the computer produced only random numbers and letters, rather than the desired accounting information. Is BB liable for breaching an express warranty? Why?
Explanation / Answer
BB's sales representative has been advertising the specific product to Ralph for installation of the accounting software in a system. This is specific advertisements affected Ralph and agreed to install the specific software in his system. Sales representative said that this is specific system is "A-1" and perfect for installation on the Ralph's system. According to this statement if anything happens with the accounting software , bB is responsible for their oral giving confirmation to Ralph. This specific oral confirmation would be barring BB to solve the specification regarding the accounting software installed in the system.
But as the disclaimer date in India agreement regarding all warranties directly removes bB from being liable for any breach of contract over the warranty as seller and buyer both have signed on the specified agreement stating the terms and conditions as well as liability disclaimer. However baby would still have to provide the after sales support to Ralph and have to correct the accounting software for system it was installed on.
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