Lumber Mutual Ins. Co. v. Clarklift of Detroit
Michigan Court of Appeals
569 N.W.2d 681 (1997)
After renting a forklift to Heart Truss & Engineering Corporation (Heart) for three months, Clarklift of Detroit (Clarklift) (defendant) sold it to Heart under a handwritten work order featuring a standalone "as is" notation and a purchase invoice stating "WARRANTY: AS IS, NO WARRANTY" in full-size print on the first page as well as in an all-caps summary list; the forklift later caused two factory fires, and Heart's insurer, Lumber Mutual Insurance Co. (Lumber) (plaintiff), which covered Heart's losses, sued Clarklift to recover those costs based on implied warranties. The trial court granted Clarklift summary judgment based on the "as is" disclaimer, and Lumber appealed.
Whether, under the Uniform Commercial Code, a seller of goods may disclaim all implied warranties through a conspicuous "as is" clause in the contract.