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AQUASCENE, INC. v. NORITSU AMERICAN CORP.

No. 3:90-0445.

831 F.Supp. 602 (1993)

AQUASCENE, INC., Plaintiff, v. NORITSU AMERICAN CORPORATION, Defendant.

United States District Court, M.D. Tennessee, Nashville Division.

September 22, 1993.

Attorney(s) appearing for the Case

Fred L. Allen, Allen, Andre & Associates, Franklin, TN, John K. Harber, Pryor, Flynn, Priest & Harber, Knoxville, TN, for plaintiff.

William Kyle Carpenter, Paul Edward Pratt, Baker, Worthington, Crossley, Stansberry & Woolf, Knoxville, TN, for defendant.

MEMORANDUM

WISEMAN, District Judge.

I

At issue here is the effect of two Tennessee code provisions on contractual warranty limitations. Section 47-2-719 of the Tennessee Code provides the following exceptions to the general rule that contractual limitations on warranties are valid:

(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be has as provided in chapters 1-9 of this title....

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