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

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Multi-State
Control #:
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

Colleges can revoke an admitted student's acceptance at any time. The most common reasons include poor grades, disciplinary infractions, and honor code violations. Students at risk of not graduating high school can have their admission revoked. Colleges typically reach out before revoking an admission offer.

Under contract law, a breach occurs when a party has the absolute responsibility to perform and the responsibility/duty is not completed in ance with the terms of the contract. The non-breaching party must be able and willing to perform the terms of the contract.

A buyer may reject the goods or revoke the acceptance for any defects in the goods. Proof of substantial impairment of the value of a contract to the buyer is required to justify revocation of acceptance. A buyer returning to the seller a raincoat that shrank in the rain is revoking acceptance.

Under Article 2, if the goods 'fail in any respect to conform to the contract,' then the buyer can reject the goods. Rejection simply means that the buyer refuses, or doesn't keep, the goods.

(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.

The statute of limitations for a breach of fiduciary duty claim is five years in Missouri but only two years in Kansas. See R.S.Mo. § 516.120; K.S.A. § 60-513(a)(4).

In addition to any other right under law to rescind a contract, an owner has the right to cancel a contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 407.938.

Once the buyer accepts, she is obligated to pay at the contract rate and loses the right to reject the goods. Uniform Commercial Code, Section 2-607.

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