Facts: In March 2015, WinCo Trucking purchased ten International Series LT Trucks from Price, a dealer of International Trucks for $106,000 each. Prior to the purchase, Price allowed WinCo to drive a used 2014 International Series LT Trucks that was virtually the same as the 2015 model. Based on the test drive, the president of WinCo Trucking, Marquess, believed the International Series LT truck was a perfect fit for WinCo Trucking. A sales associate at Price stated the maintenance cost is less than any of the truck manufacturing competitors, the load factor as to weight hauled is greater than others, and reliability of the power plan is the best in the industry. Youre going to make money on this beauty.

Almost immediately after the trucks were purchased, the ten International Series LT Trucks were put into service. Over the next six months WinCo started having problems with their engines overheating. As the problems occurred WinCo took the trucks, which were still covered under warranty, to the Price dealership for service as to the overheating problem. Over the next three years Price made repeated attempts to diagnose the issue but was unable to remedy the problem.

In June 2019, Marquess, the president of WinCo, had one of the trucks inspected by an independent source, Rodrick Welding & Radiator Service. Rodrick found nothing wrong with the trucks radiator but replaced the core of the radiator to be certain. Rodrick also informed Marquess that the truck's radiator appeared to be unusually small. Despite Rodricks efforts, the overheating problem in the trucks continued. Soon thereafter, Marquess contacted Price and spoke to Les Miller (Miller), informing him that he wanted to install larger radiators in his trucks. Miller responded that International did not make a larger radiator for that particular truck and further, the hood of the truck would not accommodate a larger radiator. Following this conversation, Marques had an audit conducted of the cooling system of one of the trucks in September 2019 by the Tyler Truck Center, which revealed that the trucks were overheating due to insufficient radiator capacity.

In April 2020, you are contacted by Marquess, President of WinCo. Marquess wants to file a lawsuit against the manufacture and / or the dealership based on expressed and implied warranties. You are concerned about the four-year statute of limitation barring any lawsuit.

Marquess informs you that Price contends that any expressed or implied warranties were disclaimed in the invoice which was given to WinCo after the trucks were paid for and registered in WinCos name. The disclaimer states seller makes no warranties, either express or implied, with respect to these goods.

You are taking the case.