Bowdoin v. Showell Growers, Inc.
United States Court of Appeals for the Eleventh Circuit
817 F.2d 1543 (1987)
Showell Growers, Inc. (Showell) (defendant) bought a spray rig made by FMC Corporation (FMC) with parts from NEAPCO, Inc. (NEAPCO) (defendants); the rig, along with an instruction manual containing a warranty disclaimer on its last page, was delivered at least two weeks after the purchase was completed. Showell supplied the rig to Rachel and Billy Bowdoin (plaintiffs), contract chicken growers, to clean their chicken house; Mrs. Bowdoin was severely injured using it. The Bowdoins sued FMC and NEAPCO for breach of the implied warranties of merchantability and fitness. The district court granted the manufacturers summary judgment, finding the manual's disclaimer effective, and the Bowdoins appealed.
Whether a manufacturer's disclaimer of the implied warranties of merchantability and fitness is effective when it is first presented to the purchaser after the sale.