538 F.Supp. 776 (1982)
Defendant manufactured and sold computer systems. Plaintiff claimed that the system it purchased from defendant was defective and caused it to suffer substantial losses. Defendant pointed out that it disclaimed the implied warranties twice and that the disclaimers were written and in italicized print. Nevertheless, the disclaimers were not conspicuous.
- The court held that the deposition testimony upon which defendant relied clearly indicated that plaintiff knew of the warranty limitations before the contract was signed and therefore, no genuine issue of material fact existed on that point.
- Furthermore, the court stated that plaintiff should not be allowed to compel trial by denying admissions made during the deposition.
The court granted defendant's motion for summary judgment by concluding that the record established plaintiff's awareness of the warranty limitations before the contract was signed.
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