Tacoma Fixture Company, Inc. (TFC), a cabinet manufacturer, regularly ordered paint and varnish products from Rudd over

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Tacoma Fixture Company, Inc. (TFC), a cabinet manufacturer, regularly ordered paint and varnish products from Rudd over a period of several years. In a typical transaction, TFC would place its order with Rudd by telephone or fax, and Rudd would arrange shipment of the products. Neither party would issue a written confirmation order, but Rudd would mail an invoice to TFC after the goods were shipped and delivered. These invoices included several terms that TFC did not specifically agree to, such as a warranty disclaimer, a remedy limitation, a forum selection clause, and an attorney fee clause.
TFC experienced several problems with Rudd's products, which caused the cabinet finishes to crack and discolor. TCF sued for breach of express and implied warranties, but Rudd argued that the warranty disclaimers and remedy limitations contained on its invoices shielded it from liability. How should the court rule on TCF's claims?

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The law of marketing

ISBN: 978-1439079249

2nd Edition

Authors: Lynda J. Oswald

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