Martin buys a microwave oven from an appliance store in the business of selling microwaves, dishwashers, electric and gas ranges, refrigerators, and washers and dryers. The microwave fails to heat food. The instruction booklet for the microwave discusses the features of the microwave including the power settings and how it can brown, roast, and grill foods like a conventional oven; prepare specific recipes using a pre-programmed touch keypad; cook entire meals without overheating the kitchen; and automatically shut off when a sensor determines the food is done.

Martin seeks to return the microwave to the appliance store, but the appliance store refuses to refund his money or supply him with another microwave. He sues the merchant stating that the microwave is un-merchantable.

**The issue has already been provided. State all parts of this rule and include the applicable UCC code section numbers. Discuss each of the elements in UCC section dealing with this issue in your analysis.

ISSUE:Under what warranty should Martin sue the merchant due to the failure of the microwave to heat food?

RULE:

ANALYSIS:

CONCLUSION: