context: As a preliminary matter, the Court notes that this dispute is not governed by Article 2 of the Pennsylvania Uniform Commercial Code, 13 Pa. Cons.Stat.
citation_a.signal: no signal
citation_a.identifier: 323 S.E.2d 176, 178
citation_a.parenthetical: repairs performed on tractor, which included the replacement of engine parts, constituted a service and not a "sale" under the UCC, as the primary purpose of the contract was to repair the vehicle as opposed to the sale of any component part of the engine
citation_a.sentence: Ann. §§ 2101 et seq. (West 1999) (“UCC”), since the agreement between CFU and ADT does not involve the sale of goods. Turney Media Fuel, Inc. v. Toll Bros., Inc., 725 A.2d 836, 840 (Pa.Super.Ct.1999) (“ ‘[w]hen the transaction involves predominantly the rendition of services, the fact that tangible, movable goods may be involved in the performance of a contract does not bring the contract under the [Uniform Commercial C]ode.’ ” (quoting Whitmer v. Bell Tel. Co. of Pa., 361 Pa.Super. 282, 522 A.2d 584, 587 (1987) (other citation omitted))); Gee v. Chattahoochee Tractor Sales, Inc., 172 Ga.App. 351, 323 S.E.2d 176, 178 (1984) (repairs performed on tractor, which included the replacement of engine parts, constituted a service and not a “sale” under the UCC, as the primary purpose of the contract was to repair the vehicle as opposed to the sale of any component part of the engine); cf. Lobianco v. Prop. Prot., Inc., 292 Pa.Super. 346, 437 A.2d 417, 419 (1981) (holding that the installation of a burglar alarm system was a sale of goods within the meaning of the UCC, 13 Pa. Cons.Stat. § 2105(a)).
citation_b.signal: cf.
citation_b.identifier: 437 A.2d 417, 419
citation_b.parenthetical: holding that the installation of a burglar alarm system was a sale of goods within the meaning of the UCC, 13 Pa. Cons.Stat. SS 2105(a
citation_b.sentence: Ann. §§ 2101 et seq. (West 1999) (“UCC”), since the agreement between CFU and ADT does not involve the sale of goods. Turney Media Fuel, Inc. v. Toll Bros., Inc., 725 A.2d 836, 840 (Pa.Super.Ct.1999) (“ ‘[w]hen the transaction involves predominantly the rendition of services, the fact that tangible, movable goods may be involved in the performance of a contract does not bring the contract under the [Uniform Commercial C]ode.’ ” (quoting Whitmer v. Bell Tel. Co. of Pa., 361 Pa.Super. 282, 522 A.2d 584, 587 (1987) (other citation omitted))); Gee v. Chattahoochee Tractor Sales, Inc., 172 Ga.App. 351, 323 S.E.2d 176, 178 (1984) (repairs performed on tractor, which included the replacement of engine parts, constituted a service and not a “sale” under the UCC, as the primary purpose of the contract was to repair the vehicle as opposed to the sale of any component part of the engine); cf. Lobianco v. Prop. Prot., Inc., 292 Pa.Super. 346, 437 A.2d 417, 419 (1981) (holding that the installation of a burglar alarm system was a sale of goods within the meaning of the UCC, 13 Pa. Cons.Stat. § 2105(a)).