Jose, a native of Equador and a recent US citizen, visited Dandy Dan's Equipment Store to consider the purchase of a snow blower for his snow cleaning business. Jose explained to Dan the salesperson, that he needed equipment that was powerful, efficient and easy to handle and start. Jose explained that he deals with all types of elevations and surface conditions. Dan said: "I have just what you need ; the "All Star" model which contains a four cylinder engine, is easy to start and handle , is the latest model from Honda and it only costs $ 1,500". When Jose said "I'd like to think about it..." Dan said: "Listen, while I recognize it is only July, believe it or not, we only have one All Star model left since everyone is buying. YOU will regret it if you don't buy now... In fact, I'll make it easy for you with our 15 month payment plan." When Jose inquired about the terms, Dan related: "Look, you pay $ 100 down and get the machine and then pay $ 150 per month thereafter for 15 months and you don't have to worry about a thing..." Jose looked at the agreement presented by Dan and explained "I cannot read and understand all the terms since my English is not so good..". Dan said: "Trust me." Printed in small type was the following: "Purchaser waives all defenses, claims to set offs, counter claims and all express and implied warranties. Customer has ninety days to return equipment if not completely satisfied for store credit." Jose signed the agreement, tendered $ 100 and took home the machine. He used the machine for the 1st time on November 28th after a 10' snow storm in the New York area and discovered the machine would not start easily, was difficult to handle in high and low elevations and lacked the power to move huge mounds of snow. He also discovered it only had 2 cylinders and was an old model. He attempted to return the machine in early December but "Dandy Dan" would not hear of it based on the terms in the Purchase Agreement.

QUESTION: 1) Jose consults you about his rights under the UNIVERSAL COMERCIAL CODE. If he fails to make a future payment and is sued by the seller, what defense or defenses may he use, if any?

QUESTION 2)If he wishes to bring a lawsuit against the seller, on what basis , if any, may he proceed against the seller? Is he in a position to recover damages?