Performance Motors, Incorporated v. Allen

HUSKINS, Justice.

The security agreement signed by defendant contains the following language as part of the “provisions” printed on the reverse side of the instrument itself: “Buyer further warrants and covenants that: 1. The Buyer admits, upon examination, that the Collateral is as represented by Seller and acknowledges acceptance and delivery thereof in good condition and repair.” Plaintiff contends the security agreement was intended by the parties' as a final expression of their agreement and that the quoted language constitutes a waiver by defendant of all warranties and renders…