This section contains the nature of the case and procedural background.

Wallace (P) sustained injuries when the handlebars of an electric bicycle his father purchased for him through Amazon.com loosened while he was riding it and caused him to fall. Eshion, a China-based company, listed the bicycle for sale on Amazon.com. When the father purchased the bike, he contracted Tri-State Assembly (Tri-State) to put it together. Tri-State listed its services on Amazon, too. Tri-State was an Amazon-approved vendor. Tri-State was uninsured at the time it put P’s bike together. P sued Amazon (D) and Tri-State for breach of the implied warranties of fitness and merchantability and other claims. D established that it did not sell, manufacture, distribute, or assemble the bicycle, which caused Ps injuries and was therefore not a seller to whom implied warranties extend under UCC 2-314 [1]; 2-315. D also entered evidence that showed pursuant to its contract for use, third-party sellers are responsible for all aspects of their sales, such as setting a price, describing the product, and offering any warranties. D showed that a nonparty third-party seller sold the bicycle and shipped it directly to P. At no time was the bicycle ever in D's possession or control, nor did it ever obtain title to the bicycle. D's contract with consumers who place orders clearly shows that D disclaims all warranties for products sold by third-party sellers. D claims it merely provided the website used to purchase the bicycle from an independent third-party seller and had it assembled by an independent third-party assembler. The court granted summary judgment to D, and P appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.