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Home / Opinion Digests / Warranty claim foreclosed by provision in contract (access required)

Warranty claim foreclosed by provision in contract (access required)

Where a DuPont facility continued using allegedly defective natural gas-fired burners after discovery of the defect, that foreclosed its breach of warranty claim because a provision in the parties’ contract provided that continued use of the allegedly defective product after discovery extinguished any claim. Background In 2018, DuPont’s Spruance facility upgraded parts of its infrastructure, including the ...