Question
Sam ordered ten lucky star high pressure toilets from Jack's Hardware Store which included installation at his multi family apartment house in Forest Hills, Queens.
Sam ordered ten "lucky star" high pressure toilets from Jack's Hardware Store which included installation at his multi family apartment house in Forest Hills, Queens. After the toilets were installed, Jack provided Sam with an invoice that indicated $1650 for labor and $1850 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 Sam to complain that the high pressure toilets were not working properly. Sam called Jack's Hardware to request service to see whether the problems stemmed from installation or the equipment. Jack said: "Read your invoice, the time to complain has long since passed." Sam strenuously disagreed and when he failed to remit the payment due, Jack's Hardware store sued for the cost of the toilets and installation. Sam consults you about his rights and options, if any, under the UCC. Does the UCC apply here? why?
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