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Gindy Manufacturing Corp. v. Cardinale Trucking Corp.

Superior Court of New Jersey, Law Division
268 A.2d 345 (1970)


Gindy Manufacturing Corp. (Gindy) (plaintiff) sold 25 new trucks to Cardinale Trucking Corp. (Cardinale) (defendant). Cardinale defaulted on payment, and Gindy sued Cardinale for damages. Cardinale counterclaimed for breach of warranty, claiming the trucks’ radius rods caused expensive tire damage. Gindy argued that the contract disclaimed all warranties. The contract included a paragraph labeled WARRANTIES that said that the trucks were being purchased “as is.” Cardinale argued that, in all prior dealings with Gindy, Gindy did not sell new trucks “as is,” and that Gindy always took responsibility for manufacturing defects and repairs. Cardinale claimed to be unaware of the “as is” portion of the contract. Cardinale argued that the inclusion of an “as is” clause in a new-truck purchase was contrary to trade custom. Gindy moved for summary judgment.

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Holding and Reasoning (Botter, J.)

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