GARED HOLDINGS, LLC, Appellant-Plaintiff/Counterdefendant, vs. BEST BOLT PRODUCTS, INC., Appellee-Defendant/Counterclaimant., 991 N.E.2d 1005

Summary

HOLDINGS: [1]-For purposes of Ind. Code § 26-1-2-315, the manufacturer determined what testing would be performed and did not rely on the supplier to perform any testing, and thus the evidence supported the finding that the manufacturer failed to establish, as to its breach of warranty claim, that it relied on the supplier’s judgment to select a suitable pulley; [2]-For purposes of Ind. Code § 26-1-2-104, the term “merchant” is not limited to manufacturers, and the trial court erred in focusing on the fact that the supplier was a distributor rather than a manufacturer because that was not relevant, and the court found the supplier was a merchant; [3]-For purposes of Ind. Code § 26-1-2-314(1), because the evidence was in conflict and the trial court did not reach the issue, the court remanded for the trial court to determine if the supplier breached the warranty of merchantability.