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Create a 3 page essay paper that discusses Transamerica V. Lynes.The defendant in the case uses the sales and service invoice as evidence. The invoice .signed .invoice stated .that “I ce
Create a 3 page essay paper that discusses Transamerica V. Lynes.
The defendant in the case uses the sales and service invoice as evidence. The invoice .signed .invoice stated .that “I certify that the above materials or services have been received”. These words clarify that the document is a delivery receipt or a billing statement and not an integrated contract. Before the agent’s signature, there is a statement which says that the materials and services have been received in a good state and according to the terms and conditions (United States court of Appeals for the Tenth Circuit, 4). Therefore, the agent should have read and understood the terms and conditions before signing the document. The back side of the invoice contains facts renouncing express and implied warranties, determining prices, charges, and terms subject to change without notice. The information behind the invoice also, designates other charges that will be directed to the purchaser, and demanding payment within thirty days after delivery.
The court only presented with the express warranty issue, and hence, it excluded the warranty disclaimer language written behind the invoice. The court had to undertake research and determine whether the advertisement by Spencer included express warranties giving assurances that the packers would work well in open well for long periods of time. The court later awarded the Transamerica company damages worth $196,577.62 based on their claim of a breached express warranty (United States court of Appeals for the Tenth Circuit, 4).
The case presented before the jury involves sale of goods under the sale definitions and terms of the UCC, which are written in Kan Stat Ann (84-2-102, 84-2-105 and 84-2-106 (United States court of Appeals for the Tenth Circuit, 6). In this case, the four-year statute is applicable and hence the claim is appropriate. According to the Kansas law, any promises or affirmations in the advertisements by the seller that prompt the buyer to buy a commodity or service is considered as an express warranty. .
