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1.5.5 Services, Mixed Goods and Services Sales

In general, neither UCC Article 2 nor the Magnuson-Moss Warranty Act applies to pure repair or service transactions. Nevertheless, they may apply to mixed transactions that include both goods and services. Coverage of services and mixed goods and services transactions is detailed in §§ 19.2 and 19.3, infra.

Deceptive practices (UDAP) and fraud claims apply to service transactions,124 as do negligence claims.125 Strict liability claims do not.126 When the UCC does not apply, courts will often turn to common law warranties.127

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