Pursuant to § 2-606(1)(a) of the Uniform Commercial Code, a buyer may accept the nonconforming goods by signifying that the buyer will retain them in spite of their nonconformity. This form is an example of a buyer giving notice of such an acceptance without his/her acceptance constituting a waiver or a modification of the terms of the contract.
Indiana Notice to Seller by Buyer of Buyer's Acceptance of a Limited Number of Nonconforming Goods in Accordance with Uniform Commercial Code ' 2-606(1)(a)
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FAQ
Section 2-606(1) of the UCC defines acceptance as occurring in any one of three circumstances: Words. The buyer, after a reasonable opportunity to inspect, tells the seller either that the goods conform or that he will keep them despite any nonconformity.
What is Section 2-206 of the Uniform Commercial Code? Offer and acceptance in formation of contract. Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
U.C.C. § 2-606 comment 4 indicates that subsection (1)(c) is intended to cover the situation where a buyer who has rejected the goods subsequently takes action inconsistent with his rejection. The subsection also applies to a revoking buyer who acts inconsistently with the revocation procedure prescribed in § 2-608(3).
§ 2-606. What Constitutes Acceptance of Goods. (c) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.
§ 2-602. Manner and Effect of Rightful Rejection. (1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.
Uniform Commercial Code Article 2 governs the sale of goods. It was part of the original Uniform Commercial Code approved in 1951.
UCC, Article 2, Section 2-102 states that Article 2 applies only to goods transactions. The UCC definition of goods is set out in Article 2, section 2-105 as "all things ... which are movable ... other than money ... investment securities, and things in action.
