Question: Warranty Disclaimers. Roger's Fence, Inc., bought a wheel loader made by Hyundai Construction Equipment, U.S.A., Inc., from Abele Tractor and Equipment Co. in Syracuse, New York. Abele faxed the purchase agreement to the vice president of Roger's. The agreement stated, in capital letters directly above the signature line, that the warranty terms were on the reverse side. On the reverse side, Abele disclaimed all implied warranties and limited damages to the repair or replacement of defective parts for two years or 3,000 hours of operation, whichever came first. The reverse side, however, was not faxed to Roger's, whose vice president nevertheless signed a delivery report indicating that he had reviewed and understood the warranty coverage.

Certain repairs were made during the warranty period, and after 3,000 hours, the wheel loader was still operating properly. Later, when it broke down, Roger's filed a suit in a New York state court against Abele and Hyundai, alleging, in part, that the warranty disclaimers were invalid. What are the arguments for and against the position of Roger's? In whose favor should the court rule? Why? [Roger's Fence, Inc. v. Abele Tractor and Equipment Co., 26 A.D.3d 788, 809 N.Y.S.2d 712 (4 Dept. 2006)]