At the latest Lunch and Learn seminar for TLG consultants, Winnie begins the seminar with a discussion of the case of a new client, Johnson, owner of Tip Top Cleaning.
Background Facts: Johnson contracted to purchase five cases of Window Sheen cleaner from Clean for $75.00 per case. The written sales agreement was signed by Clean and Johnson and included all necessary terms for a valid and enforceable contract.
Clean timely delivered to Johnson’s place of business. Johnson accepted delivery and stored the goods in a garage storage facility at the business facility, without inspection. Three weeks later, Johnson opened the cases and discovered the liquid cleaners were frozen. Johnson wants Clean to replace the goods.
You must begin the discussion by reacting to the following question.
A. Analyze and explain whether Clean should be required to replace the Window Sheen products and why or why not. You must consider and apply the Uniform Commercial Code rules in your analysis.