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Prized Contributor |
Joined: Sat May 02, 2009 3:45 pm Posts: 3357 Location: Tucson AZ
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Uniform Commercial Code The following should be applied in any court case whereas a seller knowingly sells a product that under normal conditions cannot perform and that the seller knowingly furnishes as "Fit for that particular Purpose". That the seller knows a product that needs a higher than usual normal relative humidity requirements for the zone they live in, that cannot or is not attainable under normal living conditions without extensive additions to HVAC units or the need for additional mechanical equipment And that this information is or has been hidden from or not openly disclosed said information at time of sale by the seller such as the need for 40% relative humidity levels in the home or building in a state or zone whereas that level is not normal or easily attainable to comply with a warranty.
U.C.C. - ARTICLE 2 - SALES ..PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT --------------------------------------------------------------------------------
ยง 2-315. Implied Warranty: Fitness for Particular Purpose. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.
_________________ Stephen Perrera Top Floor Installation Co. Tucson, Arizona IFCII Certified Inspector Floor Repairs and Installation in Tucson, Az http://www.tucsonazflooring.com
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