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Henry stated that his packaging machines could load and package 280 packages of salad per hour. When the negotiations concluded, the parties entered into a written contract for the purchase of three packaging machines and both signed the contract.
Included in the written contract was the following language: "There are no warranties express or implied, including warranties of merchantability and fitness for a particular purpose." The warranty language was in the same font and print contained in the contract.
After about a month of using the new packing machines, Jane's investigation reveals that the packaging machines' capacity is only 50 packages of salad per hour.
Jane comes to you, a very proud new New York lawyer, and demands that a lawsuit be filed against Henry over the fact that the packaging machines only pack 50 salad packages an hour instead of the 280 packages promised.
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