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.
Puerto Rico 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) is a legal document that serves as a notification to the seller from the buyer regarding the acceptance of a limited number of nonconforming goods in adherence to the provisions stated in the Uniform Commercial Code (UCC) Section 2-606(1)(a). This notice is specific to Puerto Rico's jurisdiction under the UCC and is used to maintain transparency and ensure compliance in commercial transactions. The purpose of this notice is to inform the seller about the buyer's decision to accept a certain quantity or portion of goods that do not conform to the agreed-upon specifications or requirements stated in the contract between the parties. This provision allows the buyer, under certain circumstances, to accept the nonconforming goods and still seek appropriate remedies such as partial payment adjustment, repair, replacement, or other possible resolutions. Key points included in a Puerto Rico Notice to Seller by Buyer of Buyer's Acceptance of a Limited Number of Nonconforming Goods may include: 1. Identification: The notice should clearly identify both the buyer and the seller involved in the commercial transaction, specifying their legal names, addresses, contact details, and any relevant identification numbers. 2. Reference to the Contract: The notice must refer to the initial agreement or contract between the buyer and seller, indicating the specific terms and conditions related to the sale of the goods, including the agreed-upon specifications, quality standards, and delivery details. 3. Description of Nonconforming Goods: The buyer should provide a detailed description of the nonconforming goods, highlighting the specific areas where they deviate from the agreed-upon requirements. This description should be accurate, objective, and supported with evidence if necessary. 4. Acceptance of Limited Quantity: The notice should clearly state the buyer's decision to accept a limited number or portion of the nonconforming goods, specifying the exact quantity or percentage accepted while rejecting the rest due to the discrepancies. 5. Requested Remedies: The buyer may include a section outlining the desired remedies they seek from the seller to address the nonconformity. This may include adjustments to the purchase price, repair or replacement of the nonconforming goods, reimbursement for any additional expenses incurred, or any other appropriate resolution. 6. Deadline for Seller's Response: The notice should establish a reasonable timeframe within which the seller must respond or take action regarding the buyer's acceptance and requested remedies. This timeframe should allow for prompt resolution while considering the complexity of the situation. It's important to note that this description is based on the general understanding of the Uniform Commercial Code 2-606(1)(a) and the specific application to Puerto Rico's jurisdiction. Variations in the content and format of the notice may exist depending on the specific circumstances of the transaction and any additional legal requirements established in Puerto Rico law. It's recommended to consult with a legal professional or refer to Puerto Rico's specific statutes, regulations, and case law to ensure compliance and accuracy when drafting a Puerto Rico 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).
