New York Notice by Seller Regarding Request for Extension of Time to Effect Cure of Improper Tender of Goods
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How to fill out Notice By Seller Regarding Request For Extension Of Time To Effect Cure Of Improper Tender Of Goods?
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FAQ
Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
The following main remedies are available for breach of a sale of goods contract:Action for the price.Damages/adequate compensation for actual losses.Rescission.Specific performance.Price reduction.01-Aug-2021
(3)fffdfffdfffdfffd Recover Damages for Accepted Goods: A buyer who accepts nonconforming goods may keep the goods and, after reasonable notice to the seller of the defects in the goods and/or the manner of tender, sue for the difference between the value of the goods as accepted and their value as promised in the contract.
(2)fffdfffdfffdfffd if the buyer has breached the contract but is not insolvent, the seller may stop the carrier or bailee from delivering the goods only if the quantity shipped is at least a carload, truckload, planeload, or a larger shipment.
"Curing" Defective Goods A key section of the UCC gives a seller the right to cure goods delivered to a buyer that are defective or non-conforming. In other words, if a seller delivers goods that don't match the contract, and the buyer rejects those goods, the UCC gives the seller an opportunity to fix the problem.
If the seller/lesser refuses to deliver the goods or the buyer/lessee has rightfully rejected the goods, the buyer/lessee can cancel (rescind) the contract, obtain goods that have been paid for if the seller or lesser is insolvent, sue to obtain specific performance if the goods are unique or damages are an inadequate
Goods are called non conforming goods when the delivered goods are not the goods specified in the purchase contract. Under the Uniform Commercial Code (UCC), if a vendor delivers non conforming goods, the buyer can reject all of the goods, accept all of the goods, or accept some and reject rest of the goods.
(6) Recover Damages: If the seller repudiates a contract or wrongfully refuses to deliver conforming goods, the buyer can sue to recover the difference between the contract price and the fair market price of the goods (at the time that the buyer learned of the breach), plus incidental and consequential damages, less
The buyer may, (a) set up the breach of warranty in extinction or diminution of the price payable by him, or (b) sue the seller for damages for breach of warranty. He may treat the contract as rescinded and sue the seller for damages. This is also known as 'damages for anticipatory breach'.
If the seller wrongfully or neglectfully refuses to deliver the goods to the buyer, then the buyer can sue for non-delivery of the goods. According to Section 57 of the Sale of Goods Act, if the buyer faces losses due to the wrongful actions of the seller (non-delivery) he can sue for damages caused due to this.
