MacK Trucks Inc. v. Borgwarner Turbo Systems, Inc.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Plaintiff Mack Truck, Inc. (“Mack”) appeals the District Court’s grant of summary judgment in favor of Defendant BorgWarner Turbo Systems, Inc. (“Borg-Warner”) on Mack’s breach of express warranty and breach of contract claims due to alleged design defects. We will affirm.

I

Mack and BorgWarner entered into a “Supply Agreement,” dated December 6, 2002, in which BorgWarner agreed to manufacture and supply turbochargers for use in Mack’s truck engines. Section 9(b) of the Supply Agreement provides:

BorgWarner’s warranties to Mack regarding the Products…