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Contracts Keyed to Kuney
Jaskey Finance & Leasing v. Display Data Corp.
Citation:564 F. Supp. 160 (1983).
In October 1977, plaintiffs purchased a 32K computer from Display Data. Upon purchase, two contracts were executed: the Equipment Contract and the Maintenance Contract. Paragraph 5 of the Equipment Contract was titled “Warranties” and subparagraph (c) stated “EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OR REVERSE SIDE HEREOF.” Paragraph 7 of the Maintenance Contract contained a similar disclaimer. Paragraph 6 of the Equipment Contract also contained an integration clause: “This contract contains the entire agreement between the parties, and shall be binding upon both parties and their respective heirs, successors and/or assigns.”
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