Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 28

Robert and Mariah Davis bought a new Daewoo car from LaFontaine Motors Inc., an authorized Daewoo service provider. The vehicle purchase order the Davises signed stated that if the car were subject to a manufacturer's warranty, LaFontaine "DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY)." It expressly stated that LaFontaine was not an agent of Daewoo.LaFontaine did minor repairs under Daewoo's warranty but ended its service agreement with Daewoo. After Daewoo went bankrupt, Mariah was told by every service facility she contacted that she would have to pay for any repairs. The Davises sued LaFontaine for breach of express and implied warranties. Should LaFontaine be liable?