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Kaspersetz v. Clarks Landing Marina, Inc.
New Jersey Superior Court, Appellate Division
9 UCC Rep. Serv. 2d 276 (2009)
Hans Kaspersetz (plaintiff) signed a conditional sales agreement with Clarks Landing Marina, Inc. (Clarks) (defendant) for a special-order fishing boat with Yanmar motors. When the boat arrived at Clarks, a survey revealed deficiencies, most of them cosmetic, and which Clarks agreed to correct. At the boat closing, Kaspersetz signed a document acknowledging that limited warranties were provided by the boat manufacturer. The sales contract included a disclaimer of warranties by Clarks and specified that all warranties were extended solely by the manufacturers. The manufacturers’ limited warranties restricted the buyer’s remedies to repair or replacement of defective parts. When Kaspersetz attempted to drive the boat, an engine failed. Yanmar replaced the engine. The next time Kaspersetz took out the boat, the engine overheated. Yanmar made the necessary repair. Kaspersetz notified Clarks he no longer wanted the boat. Kaspersetz sued Clarks for claims including breach of contract, breach of implied and express warranties, and rescission. Kaspersetz’s expert believed that the overheating incidents may have damaged an engine, but Kaspersetz refused to have the engine dismantled for inspection. The expert opined that the remaining punch-list deficiencies were annoyances rather than serious issues. The court granted summary judgment to Clarks and denied Kaspersetz’s motion for reconsideration. Kaspersetz appealed.
Rule of Law
Holding and Reasoning (Per curiam)
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