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American Aerial Services, Inc. v. Terex USA, LLC
District Court, D. Maine (2014) | 39 F. Supp. 3d 95; 84 U.C.C. Rep. Serv. 2d (West) 384; 2014 WL 4060241; 2014 U.S. Dist. LEXIS 113337
TL;DR: A crane buyer sued the manufacturer and dealer for defects. The court dismissed the fraud and breach of contract claims but allowed the breach of implied warranty claim to proceed, finding the manufacturer's inconspicuous, fine-print disclaimer on a data sheet was legally ineffective under the UCC.
Legal Significance: This case illustrates the strict UCC conspicuousness requirement for disclaiming the implied warranty of merchantability. It also demonstrates the application of the economic loss doctrine to bar fraud claims that concern product quality and are thus duplicative of contract-based warranty remedies.