Womco, Inc. v. Navistar International Corp.

How courts have described this case

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

• holding a disclaimer must be communicated to the buyer before the contract has been completed
• holding there was a fact issue precluding summary judgment when there was no evidence that the disclaimer in the contract was disclosed or communicated prior to the completion of the contract for sale
• “Inconspicuous language is immaterial when the buyer has actual knowledge of the disclaimer.”
• “Inconspicuous language is immaterial when the buyer has actual knowledge of the disclaimer.”
• “[I]n order to be effective, a disclaimer of either an express or an implied warranty is required to be communicated, in the manner described in section 2.316(b), to the buyer before the contract of sale has been completed.”

Source: CourtListener parenthetical corpus (CC0).