Bowdoin v. Showell Growers, Inc.

WISDOM, Senior Circuit Judge:

This appeal raises a single question: whether the defendants effectively disclaimed the implied warranties of fitness and merchantability with respect to a high pressure spray rig that caused injuries to the plaintiffs. The district court concluded that a disclaimer found in the instruction manual that accompanied the spray rig when it was delivered to the purchaser was conspicuous and therefore effective. We disagree. Even assuming that the disclaimer was otherwise conspicuous, it was delivered to the purchaser after the sale. Such a post-sale disclaimer is not…