District of Columbia Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

State:
Multi-State
Control #:
US-02883BG
Format:
Word; 
Rich Text
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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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How to fill out Notice By Buyer Of Rejection Of Goods Based On Obvious Nonconformity?

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FAQ

43. Buyer not bound to return rejected goods. ?Unless otherwise agreed, where goods are delivered to the buyer and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

? Perfect Tender Rule: If the goods delivered or the tender. of delivery fail in any respect to conform with the terms of the contract, the buyer has the right to (i) accept the goods, (ii) reject the entire shipment, or (iii) accept part and reject part. ? Exceptions to the Perfect Tender Rule.

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.

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.

(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 ...

If a buyer wrongfully refuses to accept goods that conform to a contract, the seller may recover damages. either after finishing the job (and identifying the goods), or after stopping the job. On a lessee's insolvency, the lessor can stop delivery of the goods.

The buyer may be able to bring an action against the seller for breach of contract if the goods which are delivered don't conform to the re- quirements of the contract. Once defective or non-conforming goods are delivered, the contractor may either accept or reject the products.

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District of Columbia Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity