Ellmer v. Delaware Mini-Computer Systems, Inc.

STOREY, Justice.

Datafast Systems, Inc., the purchaser of computer hardware, sued Delaware MiniComputer Systems, Inc., the seller, for breach of an express warranty, for breach of an implied warranty of merchantability, and for violation of the Deceptive Trade Practices Act. Summary judgment was granted in favor of Delaware based upon disclaimer and limitation of remedy provisions in its written contract. Datafast has appealed urging that the disclaimer and limitation of remedy provisions are unenforceable under the Texas Business & Commerce Code and the Deceptive Trade Practices Act.…