P bought machine based on brochure that said X. The seller said it would do X and Y. Machine didn’t do X or Y
Was the brochure a warranty, and if so who if anyone is liable, the seller and/or manufacturer?
A party may be liable for breach of warranty notwithstanding that he had no contractual relationship with the person to whom the warranty was given
**Intentions of the party governs
The representations were fundamental to the decision to purchase the machine.
The manufacturer was not a party to the written contract – but it had published the brochure. The brochure was intended to be a sales tool – so should be treated as a promise.
There is no difference whether affirmations are made orally or written. The statements made by the seller were treated as collateral warranty – because the main K did not say anything about it
The seller and the manufacturer are liable