The Phantastic Plastic Co. makes all kinds of extruded and molded plastic products. Toi-Mart wants to sell a custom designed Frisbee that will fly very long distances. Toi-Mart issues a Request for Proposal (RFP) with design specifications for a long distance Frisbee. Phantastik Platic Co. is the successful bidder.
In the "boiler plate" language of the RFP, Toi-Mart requires that the statute of limitations of warranty claims for latent and design defects shall be six years. Phantastik Platic Co. did not object to this term. The Frisbees are manufactured and delivered to Toi-Mart in one shipment. Toi-Mart did not inspect or test the product upob delivery-- after all, "they were only plastic disks and what was there to inspect or test." It takes five years to sell all the Frisbees. In the fifth year a Frisbee is sold to a sixteen year old. Upon throwing it one day at the beach, he discovers that due to a serious design defect it has the aerodynamic qualitites of a boomerang. It quickly comes back and hits him in the eye, causing a serious vision loss. Toi-Mart, wanting to do the right thing, enters into a pre-suit settlement with the child's lawyer and immediatly files a breach of warranty lawsuit against Phantastik Plastic Co. to recover the amount of settlement. WIll Toi-Mart succeed in its lawsuit? Atleast Half page Cite UCC, and text etc.