Gindy Manufacturing Corp. v. Cardinale Trucking Corp.
Superior Court of New Jersey, Law Division
268 A.2d 345 (1970)
Gindy Manufacturing (plaintiff) sold 25 new trucks to Cardinale Trucking (defendant) under a contract labeled with a "WARRANTIES" section stating the trucks were purchased "as is"; after Cardinale defaulted on payment and Gindy sued, Cardinale counterclaimed for breach of warranty over radius rods that caused tire damage, presenting uncontradicted evidence that in all their prior dealings, Gindy had always taken responsibility for repairing manufacturing defects in new trucks, and that trucking-industry trade usage treated "as is" clauses as appropriate only for used trucks, not new ones. Gindy moved for summary judgment based on the contract's "as is" language.
Whether trade usage and course of dealing may invalidate an "as is" clause used to disclaim implied warranties in a contract for new goods.