Connecticut Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

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US-02883BG
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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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FAQ

(1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it (a) On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) Without discovery of such nonconformity if his ...

When nonconforming goods are rejected by the buyer, the seller must be given notification. Charges for stopping delivery and transportation costs associated with a buyer's breach are referred to as damages. The UCC concept of allows a non-breaching buyer to cancel the contract and purchase substitute goods.

Buyer's Rejection A rejection must occur within a reasonable time after the delivery of the goods. The buyer must promptly notify the seller of the rejection. The buyer must give the seller an opportunity to correct the problem with the goods. The rejection must occur before the buyer accepts the goods.

A fundamental principle of contract law is that a party that accepts the delivery of nonconforming goods must pay the full contract price.

Process for Rejection of Goods The buyer is responsible for providing a notice of rejection letter to the supplier describing the defect(s) that renders the delivery as non-conforming to the Contract/PO, what the delivery and inspection criterion was, and how the delivered product does not conform.

A buyer who rightfully rejects nonconforming goods may obtain cover or cancel the contact, but may not seek damages. A warranty of good title means that a seller warrants that he or she has valid title to the goods and that transfer of the title is rightful.

(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.

When the buyer rejects goods due to nonconformity with the underlying contract, what happens to title? It automatically reverts to the seller.

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Connecticut Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity