Altronics of Bethlehem, Inc. Altronics of Philadelphia, Inc. v. Repco, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a plaintiff may establish the existence of a defect through, inter alia, circumstantial evidence of a malfunction
• explaining that a breach of the implied warranty of merchantability will be found when purchased equipment is shown to be “defective”
• requiring plaintiff to first show that a product was defective for a breach of the implied warranty of merchantability claim
• dismissing the plaintiffs’ claims for breach of the implied warranties of merchantability and fitness because they did not “show[] that the [product] was defective or that it operated improperly”
• requiring a plaintiff to establish, inter alia, “that the product malfunctioned”
• finding limiting clause did not preclude award of consequential and incidental damages because limiting language was included in invoices sent to plaintiffs near the time the goods were shipped and was not part of contract

Source: CourtListener parenthetical corpus (CC0).