Can an implied warranty be excluded from an order?
Saskatchewan, Canada
The following excerpt is from Ontario Wind Engine v. Bunn, 1915 CanLII 205 (SK CA):
It was conceded on the argument that if the contract between the parties is contained in the order, then the terms of the order exclude any claim on an implied warranty, and Sawyer-Massey v. Ritchie, 1910 CanLII 27 (SCC), 43 Can. S.C.R. 614, is authority for excluding an implied warranty, where the order contains terms such as I have above referred to.
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