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Contracts Keyed to Farnsworth
Fairchild Industries v. Maritime Air Service, Ltd
Citation:
274 Md. 181, 333 A.2d 313 (1975)Facts
On May 9, 1969, Fairchild leased a helicopter to Maritime for an initial term of one year with options to extend and purchase. Maritime exercised the purchase option on March 19, 1970, entering into a purchase agreement on Fairchild’s printed form. The agreement contained a typewritten provision stating: “It is specifically understood and agreed by the parties that the Aircraft is sold in an ‘As is’ condition. Seller makes no representation or warranties express or implied whatsoever except Warranty of Title.” Maritime later sued Fairchild for breach of implied warranties of merchantability and fitness. Fairchild defended by arguing that the “as is” disclaimer effectively excluded all implied warranties regardless of whether it was conspicuous.
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