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5. New England Precision Grinding, Inc. (NEPG), sells precision medical parts in Massachusetts. NEPG to...

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Accounting

5. New England Precision Grinding, Inc. (NEPG), sells precision medical parts in Massachusetts. NEPG to supply Kyphon. Inc. with stylets and nozzles. NEPG contracted with Simply Surgical, LLC, to obtain the parts form Iscon Surgicals, Ltd. The contract did not mention Kyphon or require Kyphons acceptance of the parts. Before shipping, Iscon would certify that the parts conformed to NEPGs specifications. On receiving the parts, NEPG would certify that they conformed to Kyphons specification. On delivery, Kyphon would also inspect the parts. After about a dozen transactions, NEPGs payments to Simply Surgical lagged, and the seller refused to make any further deliveries. NEPG filed suit in a Massachusetts state court against Simply Surgical, alleging breach of contract. NEPG claimed that Kyphon had rejected some of the parts, which gave NEPG the right to not pay for them. Do the UCCs rules with respect to acceptance support or undercut the parties actions? Discuss.

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