Does UCITA really remove software from existing consumer laws on goods?
No. Existing consumer laws have their own scope. Some apply to databases, some apply to services, some apply to software, and some do not. UCITA changes none of this. Each state must make their own choices as they have done for many years. • Does UCITA eliminate a consumer’s warranty of merchantability? No. UCITA adopts the implied warranty of merchantability essentially as it exists in existing Article 2. But that warranty is not present today in many transactions currently governed by common law. Common law has no warranty of merchantability. UCITA increases the scope of coverage of that warranty. • Does UCITA take away a consumer’s right to inspect before accepting goods? No. UCITA retains that right for consumers and for anyone else who acquires computer information. The inspection right in UCITA follows the right given under Article 2. • Does UCITA take away a consumer’s right to reject goods? No. UCITA follows the current law of goods on this issue. > Warranties • Does UCITA redu
