This is for California Courts

For this assignment, you will choose the best clauses in the Exclusion of Warranty template which is related to the scenario in the Warranties section of this week’s lessons.

• Assemble your completed document on the bottom of the document.
• Explain your choices as directed in the template.
• Complete the clauses that are incomplete, where indicated in the document.

Fact Pattern:

You work for Ben and Amy’s attorney. Ben and Amy, doing business as BAPillows, have invented a new type of pillow that is for pets.

The pillows are very sturdy, but they realize that some out of control pets may destroy the pillows and cause problems in the households, spreading the filler material around, which in turn may cause problems for humans. They sell a repair kit, but the kit should not be used by children.

Ben and Amy have decided to sell the product but exclude all warranties other than the warranty of title. They are going to substitute a generous return policy for the warranties. Help their attorney draft the title warranty and exclusion of express and implied warranties.

1. Select clause a or b.

a. Seller has title to all goods, including pillows and repair kits, subject however, to such liens, encumbrances, and defects in title as appear appurtenant thereof, aforesaid.

b. Seller has good title to all goods, including pillows and repair kits, and there are no liens or encumbrances on the goods.

Why is your choice better? Now, copy and paste your choice to the bottom of this document to start your assembly of the warranty and warranty exclusions.

2. Sale on approval

a. All sales are made on 10 day approval. Buyer’s exclusive remedy for any defect is to return the goods, at buyer’s expense, to …

b. All sales are final, but 10 days to approve or return as …

Select a or b and complete the sentence in your own words.

Why was your choice better?

3. Exclusion of express warranties.

a. Seller states that all descriptions of the products and advertising are void and any use of samples is not applicable.

b. Seller excludes express warranties and disclaims any responsibility to conform the goods to any sample

Select a or b and complete the sentence in your own words

Why was your choice better?

4. Exclusion of implied warranties.

a. Seller makes no warranty of fitness … and no warranty of …

b. SELLER MAKES NO WARRANTY OF FITNESS … AND NO WARRANTY OF …

Select a or b. Should the warranty be all caps? Why or why not?

Add to your choice. Do your best to exclude all implied warranties under U.C.C. § 2-316 except for the warranty of title.

Warranty of Title, Sale on Approval, and Exclusion of all other warranties

BA Pillows makes the following warranty of title:

1.

The return policy:

2.

Exclusion of express warranties.

3.

Exclusion of implied warranties.

4.