Lazur Corp. entered into a contract with Baker Suppliers,
Inc. to purchase a used word processor from Baker. Lazur is engaged
in the business of selling new and used word processors to
the general public. The contract required Baker to ship the
goods to Lazur by common carrier pursuant to the following
provision in the contract: “FOB Baker Suppliers, Inc. loading
dock.” Baker also represented in the contract that the word processor
had been used for only ten hours by its previous owner.
The contract included the provision that the word processor was
being sold “as is” and this provision was in a larger and different
type style than the remainder of the contract.
Assume that Lazur refused to accept the word processor
even though it was in all respects conforming to the contract and
that the contract is otherwise silent. Under the UCC Sales Article,