![]() ![]() On February 1, 1995, plaintiff, The Inn Between, Inc., hereinafter Inn Between, of Syosset, New York, entered into a contract to purchase a used, refurbished and rebuilt restaurant computer system, including installation and training, from defendant Remanco Metropolitan, Inc., hereinafter Remanco, of North Caldwell, New Jersey. ![]() In addition, the parties entered into a maintenance contract, whereby Remanco agreed to keep the computer system in good operating order. The buyer relied upon the seller's expertise to select a proper computer system for the use intended. The computer system was delivered and installed by Remanco on March 29, 1995. On March 30, 1995, the computer system malfunctioned and was down for three hours during a training session conducted by Remanco. ![]() Malfunctions with the computer system continued so that during the period from Mato July 3, 1995, Inn Between notified Remanco on 48 occasions that it was having problems with the computer system. Despite the fact that Remanco repeatedly responded to the problems with the computer system and repaired the computer system on numerous occasions, the computer system nevertheless constantly broke down. Inn Between brought this action to revoke its acceptance of the computer system because the computer system failed to operate properly. After trial, the court determines that Remanco had numerous reasonable opportunities to repair the defects in the computer system, and that Remanco failed to timely and adequately do so. Had this system been an automobile, it surely could be termed a "lemon". The purchase agreement (at 2, § 17 ) and the hardware and softwear maintenance agreement (at 2, § 8 ) provide that New Jersey law shall govern. Although the agreements involved the sale of both goods (the computer system and related equipment) and services (installation and training), the agreements were predominantly for the sale and delivery of goods. "(a) on the reasonable assumption that its non-conformity would be cured and it has not been seasonably cured or "(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it Therefore, the parties' rights and obligations are governed by article 2 of the Uniform Commercial Code. ![]()
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