Northwest Pine Products, Inc. v. Cummins Northwest, Inc.

Plaintiff, a wood products business, appeals from a judgment dismissing its claims for lost profits against Cummins Northwest, Inc. (defendant), a diesel engine supplier. We affirm.

In December, 1988, defendant installed a compressor in plaintiffs wood chipper. Sometime in 1988, after the compressor was purchased and installed, defendant sent plaintiff a billing invoice. The back of the billing invoice contained two forms of disclaimer:

“WARRANTY

“Except as provided herein THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A…