McDermott Inc., Cross-Appellant v. Clyde Iron, Amclyde, a Division of Amca International, Inc., and River Don Casting Ltd., Cross-Appellees

How courts have described this case

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

• noting that exclusionary clauses are “common in commercial markets”
• applying New York law and concluding strict liability can be waived between two sophisticated commercial entities
• no failure of essential purpose where seller replaced the product and both parties were sophisticated entities
• contractual provisions waiving strict liability claims are enforceable under New York law
• “Typically, a limited repair/replacement remedy fails of its essential purpose where (1) the seller is unsuccessful in repairing or replacing the defective part, regardless of good or bad faith; or (2) there is unreasonable delay in repairing or replacing defective components.”

Source: CourtListener parenthetical corpus (CC0).