applicable in the state in which it sits. The admitted facts are that the sale, delivery and damage to the motor coach took place in Pennsylvania. If any cause of action exists, it must arise under the law of Pennsylvania. Texas Motorcoaches, Inc. v. A.C.F. Motors Co., 3 Cir., 154 F.2d 91.
Where a buyer relies on the judgment of the seller who knows the purpose for which the property is to be used, there is an implied warranty that the property is reasonably fit for the purpose for which it it was bought. The implied warranty arises independently and outside of the contract and is imposed by operation of law. Hobart Mfg. Co., v. Rodziewicz, 125 Pa.Super. 240, 189 A. 580.
Nevertheless, in making a warranty of a motor vehicle, the seller may put any limitation he chooses on the character of the warranty or the time during which it is to remain in effect, and the measure of his responsibility on the warranty is fixed by its terms. Where a time limit is provided and has expired, the buyer has no right of recovery on the warranty unless the limitation has been waived by the seller. Where a vehicle is sold under a limited warranty, the purchaser cannot insist on any warranty other than that embraced in the contract, so a contract providing for certain warranties and expressly excluding all other warranties, express or implied, has been held to exclude any warranty that a motor vehicle should be fit for a particular purpose intended by the purchaser. 77 C.J.S., Sales, § 330(e)(b), p. 1201; Sales Act, 69 P.S.Pa. § 332; Runco v. Brockway Motor Co., Inc., 164 Pa.Super. 240, 63 A.2d 397; Fairbanks, Morse & Co. v. Consolidated Fisheries Co., D.C., 94 F.Supp. 311.
Since no cause of action can be maintained in this proceeding for breach of an implied warranty, by reason of the excluding provisions contained in the purchase agreement, the plaintiff must recover, if at all, on the ground of negligence. There is no doubt that the complaint sets forth actionable negligence. The only question is whether the defendant could and did by its contract relieve itself of liability for negligence to this particular buyer.
There is no rule of public policy which invalidates provisions limiting liability for negligence, or otherwise, as between the buyer and the seller. The buyer is under no compulsion to buy from the seller and, if the buyer desires to buy from the seller, the buyer has a choice of accepting the seller's terms or going elsewhere. Charles Lachman Co., Inc. v. Hercules Pouder Co., Inc., D.C., 79 F.Supp. 206.
It is my judgment that the provision of the 'Standard Warranty' expressly releasing defendant from 'all other obligations or liabilities on our part' is all inclusive, embracing any claims which might arise either for breach of warranty or breach of duty based on negligence.
I must conclude, therefore, that defendant relieved itself of liability to plaintiff under the terms of the warranty incorporated in and made a part of the contract for sale.
Motion in behalf of Reo Motors, Inc., for summary judgment is granted.
An appropriate Order is entered.
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