Kaur, a native of India and a recent US citizen, visited PC Richards Equipment Store to consider the purchase of a leaf blower for his leaf cleaning business. Kaur explained to Richard the salesperson, that he needed equipment that was powerful, efficient and easy to handle and start. Kaur explained that he deals with all types of elevations and surface conditions. Richard said: "I have just what you need ; the "Ultra Star" model which contains a six cylinder engine, is easy to start and handle , is the latest model from Toyota and it only costs $ 2,000 ". When Kaur said "I'd like to think about it..." Richard said: "Listen, while I recognize it is only August, believe it or not, we only have one Ultra 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 Kaur inquired about the terms, Richard related: "Look, you pay $ 150 down and get the machine and then pay $ 200 per month thereafter for 15 months and you don't have to worry about a thing..." Kaur looked at the agreement presented by Richard and explained "I cannot read and understand all the terms since my English is not so good..". Richard 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." Kaur signed the agreement, tendered $150 and took home the machine. He used the machine for the 1' time on November 28th after a windy day 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 leaves. He also discovered it only had 3 cylinders and was an old model. He attempted to return the machine in early January but "PC Richard" would not hear of it based on the terms in the Purchase Agreement. Kaur consults you about his rights under the U C C . If he fails to make a future payment and is sued by the seller, what defense or defenses may he use, if any? 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?

I have attached a sample case brief to show how the professor wants the above case to be briefed. your help is greatly appreciated. thank you.