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Commercial Law Keyed to Whaley
Rinaldi v. Iomega Corp.
Citation:
1999 WL 1442014Facts
A proposed class action was commenced in September 1998 on behalf of all persons who purchased Zip drives from Iomega from January 1, 1995, to the date of the case. The Zip drives allegedly came with a defect referred to as the “Click of Death,” which causes irreparable damage to the Zip drive itself and any other computer drive that attempts to read the Zip drive. Plaintiffs claim the defect makes data stored on these devices unreadable. Plaintiffs sued Iomega for breaching the implied warranty of merchantability, among other claims. Iomega argued that its disclaimer which was contained inside the Zip drive packaging was conspicuous under U.C.C. § 2-316(2) and thus prohibited any breach of implied warranty of merchantability claim. Plaintiffs argue that the disclaimer was ineffective because it was inside the packaging, thus the consumer could not have discovered it until the sale was already complete.
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UCC Warranties