Question
Michelle ordered fifteen DELTA high pressure toilets from John's Hardware Store which included installation at his multi-family apartment house in Jamaica, Queens. After the toilets
Michelle ordered fifteen "DELTA" high pressure toilets from John's Hardware Store which included installation at his multi-family apartment house in Jamaica, Queens. After the toilets were installed, John provided Michelle with an invoice that indicated $ 1,650 for labor and $1,850 cost for the toilets and it stated at the bottom: "Customer has 48 hours from date of installation to make any complaints regarding Labor or Goods, or otherwise ALL complaints are deemed WAIVED. Payment Due in 30 days." Ten days later, tenants called Michelle to complain that the high pressure toilets were not working properly. Michelle called Johns Hardware to request service to see whether the problems stemmed from installation or the equipment. John said: "Read your invoice; the time to complain has long since passed." Michelle strenuously disagreed and when he failed to remit the payment due, Johns Hardware Store sued for the cost of the toilets and installation. Michelle consults you about his rights and his options, if any, under the UCC. Does the UCC apply here? Why?
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