Reference no: EM131473915

Question: Ronald Anderson Jr. is a self-employed construction contractor from New York. While working on a project in Connecticut, Anderson purchased lumber from a Home Depot in Danbury, Connecticut. Wishing to protect the lumber from the rain, Anderson also purchased a tarp and bungee stretch cords to cover the lumber that sat in the bed of his pickup. The bungee cords came in an assortment pack of various lengths. Anderson purchased the cords after examining the package, noticing two statements: "Made in the U.S.A. We Make Our Products Where We Make Our Home[s]-America" and "Premium Quality." He failed, however, to read the warnings on the package regarding proper use, including the importance of wearing protective eye wear while using the cords, the maximum stretching capacity of the cords, and admonitions against stretching the cords toward or away from one's body. After Anderson strapped the tarp over the bed of his truck, one of the hooks on the cords became dislodged, hitting him in the left eye. Anderson alleges that the manufacturer, Bungee Int'l Mfg. Corp., breached an express warranty created by the "Made in the U.S.A." and "Premium Quality" statements as well as the drawings showing proper usage. Anderson alleged that the "Made in the U.S.A." and the "Premium Quality" labeling on the packaging, along with the five drawings showing recommended uses, caused him to believe that the cord was "a good, strong, top notch American-made product suitable for numerous uses." The hooks on the cord were made in Taiwan, but the product was assembled in the United States and under federal regulations could be advertised as "Made in the U.S.A." Has there been a breach of express warranty?