Question
Previously, the buyer bought a camera from Sony Video and 20 days after purchase he finally opened the box and found out that camera is
Previously, the buyer bought a camera from Sony Video and 20 days after purchase he finally opened the box and found out that camera is broken. The buyer filed a lawsuit and won it.
Sony Video now wishes to revise its contract documents to avoid similar losses in the future. Sony Video has retail stores throughout Japan, New York and California that sell brand new low-end video equipment (cameras, DVRS, televisions and the like) at inflated prices primarily to "blue collar" consumers.
The sales manager drafted the following language to be incorporated in large, bold, capital letters on the front of all sales documents and posted prominently in the store above each cash register:
All sales are final. We make no warranty of any kind, express or implied. Moreover, we deny and disclaim all responsibility and liability for any incidental or consequential damages, including to damages to person or property, arising out of any defect in any item purchase. In the event any purchased item proves to be defective, the purchaser must pursue any whatever claims purchaser may have against the manufacturer.
The sales manager has come to you, Sony Video's company lawyer, seeking advice on the proffered language. Critique the proposed language and advise the store manager of the Article Two recommendations to make it them acceptable and defendable in court.
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