Business Law: Principles for Today's Commercial Environment 3rd Edition by Marianne Moody Jennings, David Twomey, Marianne Jennings

Exercise 4

Avery purchased a refrigerator from a retail store. The written contract stated that the refrigerator was sold "as is" and that the warranty of merchantability and all warranties of fitness were excluded. 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 Industries, Inc., 196 SE2d 357 (Ga App)]