Question
8. A restaurant called The Inn Between entered into a contract to purchase a used restaurant computer system. The contract included installation and training from
8. A restaurant called "The Inn Between" entered into a contract to purchase a used restaurant computer system. The contract included installation and training from Remanco Metropolitan, Inc. The contract also required that Remanco keep the computer system in good operating order. The system was delivered and installed on March 29, 1995. The following day the computer malfunctioned and was down for three hours. Between March 30 and July 3, the restaurant contacted Remanco 48 times to report malfunctions.
Though Remanco responded to each of the problems, the computer system continued to break down. Inn Between brought an action to revoke its acceptance of the computer system. It viewed the system as a nonconforming good. Remanco counterclaimed, seeking the unpaid price under the system maintenance agreement for nonreturn of the system. Which side gets the remedy it seeks? [The Inn Between, Inc. v. Remanco Metropolitan, Inc., 662 N.Y.S.2d 1011 (1997).]
Please provide detailed answers and references. Thank you!
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