Question: The Gulashes contracted with Stylarama Inc for the sale and
The Gulashes contracted with Stylarama, Inc., for the sale and installation of an above-ground swimming pool for $3,690. The contract provided that Stylarama would "furnish all labor and materials, description of Goods and Services below . . . and to construct pool . . . furnish and install swimming pool with vinyl liner. Complete with built in fence and stairs." The contract contained no price breakdown in the contract for the labor and materials and did not label the arrangement as a "sale" of the pool. When the pool was installed, the Gulashes objected to the way in which the pool was installed. They claimed multiple problems in the installation, such as the vinyl liner being improperly installed and the plywood deck being improperly supported. They sued Stylarama under the Uniform Commercial Code's implied warranty of merchantability. Did the UCC apply to this contract?
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