Rinaldi v. Iomega Corporation

41 U.C.C. Rep Serv. 2d 1143 (Del.Superior Court, 1999)

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Nature of the Case

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Facts

D is a manufacturer of Zip drives. Ps are purchasers of D's product. Ps allege that D's product has a defect called the 'Click of Death' which causes irreparable damage to the removable magnetic media storage disks on which the drives store data. Ps also allege that the defect renders the data on the disks unreadable and that when another drive attempts to read the data from a disk that has been infected, the defect transfers to the second drive, causing further damage. Ps sued D in a class action claiming in part that D’s disclaimer of the implied warranty of merchantability contained in the packaging of the product was ineffective because it was not sufficiently 'conspicuous' as required by 2-316(2). D moved to dismiss the claim for breach of implied warranty in that the disclaimers inside the packaging are valid.