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Case Notes

By ALM Staff | Law Journal Newsletters |
August 02, 2015

MA Federal Court: Manufacturer's Disclaimer of Implied Warranties to Consumers Unenforceable

In Leach v. Honeywell International Inc., Civ. Action No. 1:14-12245-LTS (D. Mass. Nov. 17, 2014), the plaintiff purchased a humidifier with a written warranty that the product would be free from defects for five years and the manufacturer would repair or replace it if it malfunctioned or was determined to be defective during the warranty period. The warranty also purported to disclaim all other express or implied warranties and to limit the manufacturer's liability to the cost of repairing or replacing the humidifier. The plaintiff's humidifier allegedly began to leak almost immediately after being installed, and later its heating coils became caked with mineral deposits. When the plaintiff informed the manufacturer of the alleged defect, the manufacturer responded that the problem likely originated with the humidifier's gasket and the plaintiff should hire a professional to service the unit. The manufacturer refused to send a replacement gasket, replace the humidifier or pay the cost of having a professional repair it.

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