What are the seller's responsibilities when delivering goods?

If it is a destination contract, the seller has two duties: to get the goods to the destination at the buyer's disposal and to provide appropriate documents of delivery.

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Notice by Buyer of Rejection of Goods for Breach by Seller of...

Montana Notice by Buyer of Rejection of Goods for Breach by Seller of Shipment Duties

Category:

Civil Actions - Notices

State:

Multi-State

Control #:

US-02880BG

Format:

Instant download

Description

Section 2-504 of the Uniform Commercial Code provides in part as follows:

Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must

" Put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and

" Obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and

" promptly notify the buyer of the shipment.

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How to fill out Notice By Buyer Of Rejection Of Goods For Breach By Seller Of Shipment Duties?

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FAQ

(6) Recover Damages: If the seller repudiates a contract or wrongfully refuses to deliver conforming goods, the buyer can sue to recover the difference between the contract price and the fair market price of the goods (at the time that the buyer learned of the breach), plus incidental and consequential damages, less ...

If a seller has delivered nonconforming goods that have been rejected, upon notice of an intent to cure, the seller automatically then has 15 days to deliver conforming goods. In the case of Rosenfeld v. Basquiat, Basquiat sold several paintings to Rosenfeld and provided him with a written receipt.

The seller may withhold delivery of the goods. The seller may cancel the contract. The seller may resell the goods and sue to recover damages.

(1) Acceptance of goods occurs when the buyer. (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or.

Under Sections 2-513(1) and (2) of the Uniform Commercial Code (UCC), the buyer has a qualified right to inspect goods. That means the buyer must be given the chance to look over the goods to determine whether they conform to the contract. If they do not, he may properly reject the goods and refuse to pay.

Conforming goods are the goods that meet the specifications of the sales contract. In sales law, the nature and quantity of goods needed by a buyer is normally specified in a purchase contract. A seller is bound to deliver the goods requested, to the buyer on an agreed consideration.

If it is a destination contract, the seller has two duties: to get the goods to the destination at the buyer's disposal and to provide appropriate documents of delivery.

If the seller ships conforming goods, the buyer has a duty to accept them and may not reject the goods. Wrongfully revoking an acceptance will constitute a breach of contract by the buyer.