United States Court of Appeals for the Federal Circuit
ERRATA
February 24, 2010
Appeal No. 2008-5114,-5115, AGREDANO V US
Precedential Opinion
Decided: February 17, 2010
Please correct the following:
On page 2, lines 5-17, delete:
The sale catalog, in turn, stated:
The vehicles offered to you for purchase at any U.S. Customs Auction are
sold “AS IS, WHERE IS”. This means that neither U.S. Customs or
McCormack Auction Company, or EG & G Dynatrend, extend any
warranties or promises of any kind regarding any aspect of the vehicle or
its ability to operate, including but not limited to the vehicle’s identity,
previous ownership, physical condition, registration status, or ability to
pass a smog certification.
A second disclaimer, printed on a flyer displayed at the auction, stated “[a]ll
merchandise is sold on an ‘AS IS, WHERE IS’ basis, without warranty or guarantee as
to condition, fitness to use, or merchantability stated, implied or otherwise. Please bid
from your personal observations.”
and insert:
The sale catalog, in turn, stated “[a]ll merchandise is sold on an ‘AS IS, WHERE
IS’ basis, without warranty or guarantee as to condition, fitness to use, or
merchantability stated, implied or otherwise. Please bid from your personal
observations.” A second disclaimer, printed on a brochure advertising the auction,
stated:
The vehicles offered to you for purchase at any U.S. Customs Auction are
sold “AS IS, WHERE IS”. This means that neither U.S. Customs or
McCormack Auction Company, or EG & G Dynatrend, extend any
warranties or promises of any kind regarding any aspect of the vehicle or
its ability to operate, including but not limited to the vehicle’s identity,
previous ownership, physical condition, registration status, or ability to
pass a smog certification.
On page 6, lines 5 & 8, delete “sale catalog” and insert “brochure”