Question
Alpha Pools, inc. purchased silicon seals from Globus Corp. and installed the seals in municipal swimming pool heater pumps.In the initial price quote that Globus
Alpha Pools, inc. purchased silicon seals from Globus Corp. and installed the seals in municipal swimming pool heater pumps.In the initial price quote that Globus gave Alpha, Globus included notice of terms and conditions of the sale in capital letters and an enlarged font.Warranty language was included in the sale terms in bold print, stating: "THE SELLER WARRANTS FOR A PERIOD OF ONE YEAR FROM THE DATE OF DELIVERY THAT THE PRODUCT IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. THIS LIMTIED WARRANTY IS YOUR EXCLUSIVE WARRANTY. THE PRODUCT IS NOT SOLD WITH ANY IMPLIED WARRANTIES.NOR ANY WARRANTY OF MERCHANTABLITY AND/OR OTHER WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE."More than a year later, Alpha notified Globus that some of the heater pumps were leaking due to a manufacturing or design flaw with the seal.However, Apha discarded the deficient seals and was unable to present evidence that the deficient seals were from Globus, as compared to another vendor.Apha sued Globus for breach of express warranty.Globus argued that becauseAlpha failed to give notice of a defective part within one year of the date of delivery and the disclaimer language was conspicuous, it was not liable for a breach of express warranty.Was Globus correct?
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