Reference no: EM131388298
Trans-Aire International, Inc. (TAI) converts ordinary automotive vans into recreational vehicles. TAI had been installing carpet and ceiling fabrics in the converted vans with an adhesive made by the 3M Company. Unfortunately, during the hot summer months, the 3M adhesive would often fail to hold the carpet and fabrics in place. TAI contacted Northern Adhesive Company (Northern), seeking a ‘‘suitable'' product to replace the 3M adhesive.
Northern sent samples of several adhesives, commenting that hopefully one or more ‘‘might be applicable.'' Northern also informed TAI that one of the samples, Adhesive 7448, was a ‘‘match'' for the 3M adhesive.
After testing all the samples under cool plant conditions, TAI's chief engineer determined that Adhesive 7448 was better than the 3M adhesive. When TAI's president asked if the new adhesive should be tested under summerlike conditions, TAI's chief engineer responded that it was unnecessary to do so. The president then asked if Adhesive 7448 came with any warranties. A Northern representative stated that there were no warranties, except that the orders shipped would be identical to the sample.
After converting more than five hundred vans using Adhesive 7448, TAI became aware that high summer temperatures were causing the new adhesive to fail.
Explain whether TAI should prevail against Northern in a suit claiming
(a) breach of an implied warranty of fitness for a particular purpose,
(b) breach of an implied warranty of merchantability, and
(c) breach of express warranty.
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