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.
Maryland 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) In Maryland, when a buyer receives a delivery of goods from a seller, they may encounter a situation where a limited number of the goods do not conform to the agreed-upon terms. In such cases, the buyer may choose to accept the nonconforming goods, notifying the seller accordingly using a Maryland Notice to Seller. The notice informs the seller about the acceptance of nonconforming goods while preserving the buyer's rights under the Uniform Commercial Code (UCC) 2-606(1)(a). Keywords: Maryland, Notice to Seller, Buyer's Acceptance, Limited Number, Nonconforming Goods, Uniform Commercial Code, UCC 2-606(1)(a), types. Types of Maryland Notices to Seller by Buyer of Buyer's Acceptance: 1. Maryland Notice to Seller of Acceptance of a Limited Number of Nonconforming Goods: This type of notice is used when the buyer chooses to accept the nonconforming goods, but only if the number of nonconforming goods is within a specific limit. The notice specifies the quantity of nonconforming goods accepted, ensuring the buyer's compliance with the UCC 2-606(1)(a). 2. Maryland Notice to Seller of Acceptance of Nonconforming Goods with Qualifications: This type of notice is used when the buyer accepts nonconforming goods but includes certain qualifications or conditions. The notice outlines any necessary modifications or adjustments that the seller must make to rectify the nonconformity issue. It emphasizes the buyer's intent to continue the business relationship while requesting appropriate actions to rectify the discrepancies. 3. Maryland Notice to Seller of Acceptance of Nonconforming Goods with Reservation of Rights: This type of notice is employed when the buyer accepts the nonconforming goods but explicitly reserves their rights under the UCC 2-606(1)(a). By reserving these rights, the buyer safeguards their ability to later seek remedies for any damages caused by the nonconforming goods. The notice clearly states the buyer's intention to pursue remedies if necessary. It is essential for Maryland buyers to properly notify sellers using the appropriate Notice to Seller depending on the specific circumstances. Formalizing the communication with a notice helps establish clear expectations and protects the buyer's rights under Maryland's implementation of the Uniform Commercial Code.