Problem:
Does possible misuse constitute a waiver of the implied warranties? Consider the case of a lessee of a car who after 18 months found the car was running roughly. When taking the car back to the dealership, the lessee was told that several valves in the engine were bent due to misuse by the lessee. The lessee refused to pay the bill of $500 1 , claiming that it should be covered under the warranties. The car dealership's position was that misuse constituted a waiver of the warranties.