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1Sam contracted with Jacks Hardware Store for purchase and installation of Lucky Star toilets After ten days tenants began to complain about toilet malfunction Sam can claim breach of warranty by Jacks Hardware Store under UCC 2 314 Implied Warranty Merchantability Usage of Trade subsection 11Unless excluded or modified Section2-316 a warranty that thegoodsshall be merchantable is implied in acontractfor theirsaleif theselleris amerchantwith respect to goods of that kind Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a saleIn order for Sam to uncover any defects in the toilets they must have first been used regularly Any defects not discoverable immediately within a product are considered latent defects and therefore the warranty for the toilets extends until the opportunity to discover any defects is given Jacks Hardware Store included a 48-hour limit to make any complaints regarding the toilets and their installation otherwise ALL complaints are deemed WAIVED This is not acceptable Under UCC 2 302 Unconscionable Contract or Clause subsection 1If the court as a matter of law finds thecontract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract or it may enforce the remainder of the contract without the unconscionable clause or it may so limit the application of any unconscionable clause as to avoid any unconscionable resultTwo full days would not be sufficient for Sam and anyone using the toilets to discover any defects in installation and especially in the toilets The court would find this piece of the contract to be substantively unconscionable and remove it from the contract The reason being as stated before that 48-hours is an unreasonable time to expect someone to have the chance to use goods such as a toilet and make any complaints in regards to their expected use As seen herein the
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