By using this language, the plaintiff effectively disclaimed the implied warranties of merchantability and fitness for a particular purpose. RSA 382-A:2-316(2); see Collella v. Beranger Volkswagen, Inc., 118 N.H. 365, 386 A.2d 1283 (1978). In its description of the goods, however, the plaintiff expressly warranted that the machine would be capable of producing up to 300 milli-amps at 125 kilovolts.
The trial court also found that the manufacturer's disclaimer became a part of the basis of the bargain between plaintiff and defendant and that, therefore, plaintiff was not required to republish and restate the manufacturer's disclaimer on its own form or letterhead in order effectively to disclaim warranty liability. Defendant relies on Barazzotto v. Intelligent Systems, Inc., 532 N.E.2d 148 (Ohio App. 1987) and Collella v. Beranger Volkswagen, Inc., 386 A.2d 1283 (N.H. 1979) in support of its contention of error. However, we conclude that those cases are factually distinguishable from the case at issue.
" Graham Hydraulic Power, Inc. v. Stewart Stevenson Power Inc., 797 P.2d 835, 838 (Colo. 1990). See also Collella v. BerangerVolkswagen, Inc., 386 A.2d 1283, 1285 (N.H. 1978); WennerPetroleum Corp. v. Mitsui Co. (U.S.A.), Inc., 748 P.2d 356, 357 (Colo.App. 1987). 2.