Question: By means of long-distance telephone conversations, Ace, Inc. agreed to buy an airplane from Unified Technologies of Texas, Inc. subject to a test flight by Thompson Comerford, the sole shareholder of Ace. Comerford arrived in Dallas where the plane was, but he did not have time to test fly the plane. He and Ken Gedney, the broker for the plane, agreed Comerford's flight back home would constitute the test flight. In order to take the plane, Gedney required Comerford to sign a "Purchase Agreement" which stated, "the aircraft and accessories, are being sold ‘As Is,'" and "there are no representations or warranties, express or implied including merchantability." Comerford found brake, steering, climb, and cruise performance problems with the plane. When Unified refused to repair the problems, Ace sued for breach of warranty including merchantability. Were warranties properly excluded?