[unclesallie]

Anastasios is a person of the highest integrity. He once sent me three rolex bracelets, each worth $1200.00 prior to payment, and told me to "pick one" and send him a check and the other two back(I chose none and just returned the bracelets...not a "peep" from A.)....so He lost his temper, maybe he should be renamed, "Temper King"? That , however, does not mean he has done anything wrong ethically, or legally. In fact, my legal analysis shows he is correct, if the buyer is indeed a "merchant". That is if Anastasios and the Buyer are both "merchants", the buyer had almost one (1) year to discover the defect and revoke his acceptance of the goods. If the Buyer(whom I don't know and make no assumptions about him good or bad), had equal knowledge and expertise, Buyer loses in Court. Here's why:

If this went to Court or an Arbitration Board(most usual path for a small claim), the case would be governed by the Uniform Commercial Code, adopted in some form or another in 50 States. I will give you the law below. You decide.

My take is that where you have 2 "merchants", the buying "merchant" has to revoke within a "commercially reasonable time", which did not happen here. You may find otherwise ladies and gentlemen of the Jury:

2-314. IMPLIED WARRANTY: MERCHANTABILITY; USAGE OF TRADE.

(1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as
• (a) pass without objection in the trade under the contract description; and
• (b) in the case of fungible goods, are of fair average quality within the description; and
• (c) are fit for the ordinary purposes for which such goods are used; and
• (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
• (e) are adequately contained, packaged, and labeled as the agreement may require; and
• (f) conform to the promise or affirmations of fact made on the container or label if any.
(3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.

§ 2-313. EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, SAMPLE.
(1) Express warranties by the seller are created as follows:
• (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.
• (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.
• (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goodsor a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty

§ 2-104. DEFINITIONS: "MERCHANT"; "BETWEEN MERCHANTS"; "FINANCING AGENCY".
(1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
(2) "Financing agency" means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (Section 2-707).
(3) "Between Merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.

§ 2-315. IMPLIED WARRANTY: FITNESS FOR PARTICULAR PURPOSE.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose

§ 2-608. Revocation of Acceptance in Whole or in Part.
(1) The buyer may revoke his acceptance of a lot or commercial unitwhose non-conformity substantially impairs its value to him if he has accepted it
•(a) on the reasonable assumption that its non-conformity would be cured and it has not been seasonably cured; or
•(b) without discovery of such non-conformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances.

(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.

(3) A buyer who so revokes has the same rights and duties with regard to the goodsinvolved as if he had rejected them.