The Agreement: (terms/conditions) UCC – Express/Implied Warranty Implied Warranty for a particular purpose § 2–315 Implied Warranty of Merchantability (Ordinary purpose) § 2–314 Expressed Warranty created by seller § 2–313 Exclusion or Modification of...Sales Contracts • September 16th, 2020
Contract Type FiledSeptember 16th, 2020Parole evidence Evidence (e.g. testimony) of the parties' oral or written agreement, prior to or contemporaneous with execution of a record, to a term or terms that are not included in the record contract of adhesion - one party presents to the other a standardized written agreement that is not subject to negotiation or alteration prior to execution Conspicuous 1-201(10) With reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is "conspicuous" or not is a decision for the court. Conspicuous terms include the following: (A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from su