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Pat, the buyer of a tractor and backhoe, sued the seller for breach of the implied warranty of merchantability. The sales contract contained the following:

The equipment covered hereby is sold subject only to the applicable manufacturer’s standard printed warranty, and no other warranties, express or implied, including the implied warranty of merchantability, shall apply.

The type size of the foregoing was slightly larger than the rest of the contract, but it was not boldface. Was the disclaimer effective to negate the implied warranty? Explain.

Operation Management, Management Studies

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