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Office Supply Co., Inc. v. Basic/Four Corporation

United States District Court for the Eastern District of Wisconsin
538 F.Supp. 776 (1982)


Facts

Office Supply Co., Inc. (Office Supply) (plaintiff) negotiated the purchase of computer hardware and lease of software from Basic/Four Corporation (Basic) (defendant). Office Supply President James Bruno tried to renegotiate Basic’s ninety-day express warranty, but Basic refused. Among its terms, the final sale contract included the ninety-day express warranty, an italicized disclaimer of all other express or implied warranties, and an integration clause. The software lease was incorporated into the sale contract. After the ninety-day period had expired, defects with the software system arose. Office Supply brought suit for lost income and expenses related to the defective software, claiming Basic warranted future performance and that the warranty disclaimer was ineffective. Both Office Supply and Basic moved the court for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Reynolds, J.)

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