Avery v. Aladdin Products Division, National Service Industries, Inc.

Pannell, Judge.

The contract for the purchase of certain machinery recited that the machine "has been examined by Purchaser, 'and is accepted in its present condition” and that "[n]o representations or warranties, of any sort, express or implied, except warranty of title, have been made by Seller unless specifically set forth in writing in this contract,” (there were no warranties set forth elsewhere in the contract) and also, "Purchaser shall keep said equipment in good and serviceable condition and repair, and shall not allow the same to be misused or abused. Loss, injury, or destruction of…