In Redfern Meats, Inc. v. Hertz Corp., the Georgia Court of Appeals held that the warranty provisions of the Georgia Uniform Commercial Code are applicable to those chattel leases which are analogous to sales. Plaintiff, Redfern, entered into an indefinite leasing agreement with defendant, Hertz, to rent trucking equipment for the refrigerated transportation of its meats. The agreement required Redfern to buy the equipment according to a depreciation schedule if either party cancelled the lease within eight years of the lease date. The agreement also contained a disclaimer which purported to relieve Hertz of any liability for damage to any property placed in a vehicle furnished by Hertz. The non-liability clause was not conspicuous and did not mention merchantability.
Harrison, William D.
"Sales--UCC Warranty Provisions Extended to Chattel Leases by Analogy,"
Mercer Law Review: Vol. 27
, Article 27.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol27/iss1/27