Avery purchased a refrigerator from a retail store. The written contact stated t

Question

Avery purchased a refrigerator from a retail store. The written contact stated that the refrigerator was sold "as is" and that the warranty of merchantability and all warranties of fitness were exculded. This was stated in large capital letters printed just above the line on which Avery signed her name. The refrigerator worked properly for a few weeks and then stopped. The store refused to do anything about it because of the exclusion of the warranties made by the contract. Avery claimed that this exclusion was not binding because it was unconscionable. Was Avery correct? [ Avery v. Aladdin Products Div., Nat'l Service Industires , Inc., 196 S.E.2nd 357 (Ga.App.)]

Explanation / Answer

Uniform Commercial Code (UCC) lays down th implied warranty o merchantability and fitness for use for a particular purpose. However, a seller can exclude all warranties express or implied by using disclaimers. Te condition for the disclaimers to be enforceable under the UCC are (1) disclaimer should be in writing and conspicuous (2) it should not be buried in the fine print (3) the disclaimer should be printed in all capital letters, larger font than the the text nearby (4) there should be space next to the disclaimer to sign it (5) to disclaim implied warranties, a seller must exclude all warranties of merchantability and fitness for use (6) expressions such as “as is” or “with all faults” should be used to call the buyer’s attention to the exclusion of warranties and make it clear that there is no implied warranty.

The written contract signed by Avery at the retail store fulfils all the above conditions laid down by the UCC for exclusion of implied warranty of merchantability and fitness for us. Therefore later on, Avery cannot claim that the contact of exclusion was unconscionable. Avery was not correct while doing so.

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