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Contracts Keyed to Dawson
S.T.S. Transport Service, Inc. v. Volvo White Truck Corporation
Citation:
766 F.2d 1089 (7th Cir. 1985)Facts
S.T.S. Transport Service purchased several Volvo White trucks for its commercial transportation business. The purchase agreement included a limited warranty that covered defects in materials and workmanship for a specific period, but expressly disclaimed all other warranties including implied warranties of merchantability and fitness for a particular purpose. The warranty also limited S.T.S.’s remedies to repair or replacement of defective parts. After purchase, the trucks experienced numerous mechanical problems requiring frequent repairs. Despite Volvo White’s attempts to repair the trucks under the warranty, S.T.S. claimed the vehicles remained unreliable and unsuitable for their intended purpose. S.T.S. sued Volvo White for breach of express and implied warranties, seeking consequential damages for lost profits and business opportunities.
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