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In February, 1982, Sharon Wright signed a form contract to purchase a 1977 Subaru for $2,672 from T & B Auto Sales, Inc. That contract stated, in capital letters: "UNLESS DEALER FURNISHES BUYER WITH A SEPARATE WRITTEN WARRANTY OR SERVICE CONTRACT...DEALER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE...ON ALL USED VEHICLES WHICH ARE HEREBY SOLD-AS IS- NOT EXPRESSLY WARRANTED OR GUARANTEED.” When Sharon paid the balance due and took delivery in March, she received a T & B Auto Sales Approved Used Vehicle Guarantee that stated, in part, “The automobile...is warranted for a period of thirty(30) days from the date of delivery, or one thousand(1000) miles, whichever comes first. This 50-50 guarantee means that the dealer will make any necessary mechanical repairs in his shop at a cost to the buyer of only 50 percent of the dealer’s current list on both parts and labor, except where such repairs have become necessary by abuse, negligence, or collision.” The fifth clause stated, “No other guarantees, representations, or agreements, expresses or implied, have been made to the buyer.” Within the first month after purchase, Sharon returned the car for repairs because it was overheating and the oil light stayed on continuously. There was a continuous cycle of complaints and repairs until September, when the car would not start at all. She had the car towed to another garage, which replaced the engine. The garage owner testified that reversed engine heads had caused the overheating and near meltdown of the engine. Sharon sued T & B for the towing charges, repair costs, and loss of the use of car. At the time of engine replacement, Sharon had driven the car nearly 10,000 miles. T& B argued it had disclaimed all warranties except the warranty covering defects within 30 days or 1,000 miles when repaired on the premises on a 50-50 basis, and that the engine replacement was outside this warranty. Did T & B effectively disclaim all warranties except the 30-day, 1,000-mile warranty?
In February, 1982, Sharon Wright signed a form contract to purchase a 1977 Subaru for $2,672 from T & B Auto Sales, Inc. That contract stated, in capital letters: "UNLESS DEALER FURNISHES BUYER WITH A SEPARATE WRITTEN WARRANTY OR SERVICE CONTRACT...DEALER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE...ON ALL USED VEHICLES WHICH ARE HEREBY SOLD-AS IS- NOT EXPRESSLY WARRANTED OR GUARANTEED.” When Sharon paid the balance due and took delivery in March, she received a T & B Auto Sales Approved Used Vehicle Guarantee that stated, in part, “The automobile...is warranted for a period of thirty(30) days from the date of delivery, or one thousand(1000) miles, whichever comes first. This 50-50 guarantee means that the dealer will make any necessary mechanical repairs in his shop at a cost to the buyer of only 50 percent of the dealer’s current list on both parts and labor, except where such repairs have become necessary by abuse, negligence, or collision.” The fifth clause stated, “No other guarantees, representations, or agreements, expresses or implied, have been made to the buyer.” Within the first month after purchase, Sharon returned the car for repairs because it was overheating and the oil light stayed on continuously. There was a continuous cycle of complaints and repairs until September, when the car would not start at all. She had the car towed to another garage, which replaced the engine. The garage owner testified that reversed engine heads had caused the overheating and near meltdown of the engine. Sharon sued T & B for the towing charges, repair costs, and loss of the use of car. At the time of engine replacement, Sharon had driven the car nearly 10,000 miles. T& B argued it had disclaimed all warranties except the warranty covering defects within 30 days or 1,000 miles when repaired on the premises on a 50-50 basis, and that the engine replacement was outside this warranty. Did T & B effectively disclaim all warranties except the 30-day, 1,000-mile warranty?