Rinaldi v. Iomega Corporation
Delaware Superior Court
41 U.C.C. Rep. Serv. 2d 1143 (1999)
Relevant factsFree
Six buyers of Iomega Corporation's (defendant) zip drives, including Rinaldi (plaintiff), brought a class action claiming the drives were defective and that Iomega breached the implied warranty of merchantability. Iomega had placed a disclaimer of that warranty inside each drive's packaging, and the plaintiffs argued the disclaimer was not conspicuous under UCC 2-316(2) because buyers couldn't see it until after purchasing and opening the box. Iomega moved to dismiss based on the disclaimer.
IssueFree
Whether a warranty disclaimer is inconspicuous, as a matter of law, simply because it is located inside a product's packaging rather than visible before purchase.