Maritime Manufacturers, Inc. v. Hi-Skipper Marina

This appeal presents two issues for our determination: (1) whether the “where is as is” clause contained in the purchase contract for the forty-seven-foot boat effectively precludes any claim by Hi-Skipper for breach of implied warranty of merchantability; and (2) whether Hi-Skipper is similarly precluded from recovering for breach of implied warranty with regard to the two smaller boats by virtue of its not being the ultimate consumer. We find that Hi-Skipper is precluded from its claim as to the larger boat because of the “as is” clause, but is not precluded from its claims as to the…