On November 1, the Kansas City Post Office Employees Credit Union merged into the Kansas City Telephone Credit Union to form the Communications Credit Union (Credit Union). Systems Design and Management Information (SDMI) develops computer software programs for credit unions, using Burroughs (now Unisys) hardware.
SDMI and Burroughs together offered to sell to Credit Union both a software package, called the Generic System, and Burroughs hardware. Later in November, a demonstration of the software was held at SDMI's offices, and the Credit Union agreed to purchase the Generic System software. This agreement was oral.
After Credit Union was converted to the SDMI Generic System, major problems with the system immediately became apparent, so SDMI filed suit against Credit Union to recover the outstanding contract price for the software.
Credit Union counterclaimed for damages based upon breach of contract and negligent and fraudulent misrepresentation. Does the Uniform Commercial Code apply to this contract?