Henry stated that his packaging machines could load and package 280 packages of salad per hour. When the negotiations concluded, the parties entered into a written contract for the purchase of three packaging machines and both signed the contract.

Included in the written contract was the following language: "There are no warranties express or implied, including warranties of merchantability and fitness for a particular purpose." The warranty language was in the same font and print contained in the contract.

After about a month of using the new packing machines, Jane's investigation reveals that the packaging machines' capacity is only 50 packages of salad per hour.

Jane comes to you, a very proud new New York lawyer, and demands that a lawsuit be filed against Henry over the fact that the packaging machines only pack 50 salad packages an hour instead of the 280 packages promised.

1. What advice would you give him and how would the court rule?
2. Would the result change if the disclaimer language was initialed by both parties?