Marsha operates a local disaster recovery center for customers that wish to house redundant servers at her secure facility. The facility is designed to operate without electricity from the power company for up to 48 hours. To do this, Marsha has installed a series of uninterruptable power supplies (UPS) that provide backup battery power to the network and server equipment in her facility.
As her business grew, Marsha needed additional UPS devices. She contacted a local computer supply vendor, and ordered six new systems. In the order, Marsha specifically requested the units support a total of 10,000 watts of power supply and the batteries could be connected to 120V standard, grounded power. The vendor later shipped six UPS units to Marsha. When Marsha was getting ready to install them with her electrician, they noticed that the units required 240V power, and only had enough batteries to provide 5,000 watts of power supply.
If Marsha contacts the vendor to advise of the problem, discuss, using the applicable UCC statute from the Model UCC: (a) who is responsible for the UPS devices if they are lost after Marsha’s call to the vendor, and (b) if Marsha rejects the goods, what are her remedies under the UCC.
In your answer, be sure to use the applicable UCC section to frame your answer, and then discuss the facts above in relation to the UCC to support your answer. Responses to this question should be 250 words in length, with proper spelling, grammar and punctuation.
