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

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Multi-State
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US-02880BG
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Word; 
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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

First, contact the seller. Most businesses will work with you to resolve the problem and keep you as a customer. If that doesn't work, you still didn't get your order and the charge shows up on your credit card statement, dispute the charge.

A seller's legal remedies include: Canceling the contract. Withholding or not delivering the goods. Reclaiming the goods. Reselling the goods and recovering damages for the difference in price. Recovering damages based on the current market price.

If a seller fails to deliver conforming goods, the measure of recovery in the buyer's suit for damages is the difference between the contract price and the market price at the place of delivery at the time the buyer learns of the breach.

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.

Buyer's Remedies for Breach of Contract Apart from seeking compensation, the buyer has the option to request a refund of the money they have already paid. Another remedy available for a breach of contract is a suit for price, which involves the money paid by the buyer for goods that were not delivered by the seller.

If a buyer refuses to accept delivery of goods, the seller can store the goods for the buyer and sue to recover the sales price if the goods are not readily resalable to another customer. Stoppage in transit is the right of an unpaid seller to stop goods in transit and order the carrier to hold them for the seller.

Section 2-715 of the UCC allows incidental damages, which are ?damages resulting from the seller's breach including expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with ...

If a buyer wrongfully refuses to accept goods, the seller can bring an action to recover the damages sustained. When a buyer has breached a sales contract, and the goods are in his or her possession, the seller can sue to recover the purchase price, but not incidental damages.

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