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Rinaldi v. Iomega Corporation
Delaware Superior Court
41 U.C.C. Rep. Serv. 2d 1143 (1999)
Iomega Corporation (Iomega) (defendant), a Delaware corporation, manufactured zip drives. Six people who bought Iomega’s zip drives (plaintiffs) brought a class action against Iomega, alleging the drives were defective and claiming, among other things, that Iomega breached the implied warranty of merchantability. Iomega included a disclaimer of the implied warranty of merchantability inside each of the zip drives’ packaging. The plaintiffs argued that the disclaimer was not conspicuous, as required under Uniform Commercial Code (UCC) § 2-316(2), because the disclaimer could not be discovered by a buyer until after the drive was purchased and the packaging was opened. Iomega moved to dismiss the claim, based on its disclaimer of the implied warranty of merchantability.
Rule of Law
Holding and Reasoning (Cooch, J.)
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