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.
Rhode Island Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity is a crucial legal document used by buyers in Rhode Island to formally notify sellers of their decision to reject goods that do not meet the specified requirements or have obvious defects. This notice serves as a means to assert the buyer's rights and initiate certain legal actions to address the nonconforming goods. When drafting a Rhode Island Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity, it is essential to include relevant information to ensure its effectiveness. Key components to include in this notice are: 1. Introduction: Begin by clearly stating that this document is a Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity in accordance with Rhode Island law. 2. Buyer's Information: Include the full name, address, and contact details of the buyer to establish their identity and facilitate communication. 3. Seller's Information: Specify the complete name, address, and contact details of the seller to ensure accurate identification of the parties involved. 4. Description of Nonconformity: Provide a detailed description of the goods in question, including any relevant product or order numbers, to clearly identify the specific items being rejected. 5. Nonconformity Details: Outline the specific nonconformities or defects that render the goods unfit for their intended purpose or deviate from the agreed-upon specifications. Clearly state why these nonconformities are considered obvious and significant. 6. Supporting Evidence: Mention any supporting evidence, such as photographs, expert reports, or inspection certificates, that validate the nonconformities and bolster the buyer's claim. 7. Rejection Request: Clearly state the buyer's intention to reject the goods and declare the rejection as an exercise of their rights under Rhode Island law. Specify the legal basis for the rejection and refer to relevant statutes or contractual provisions. 8. Requested Remedy: State the remedy sought by the buyer, such as a refund, replacement, repair, or credit, and indicate a reasonable deadline by which the seller should provide the requested remedy. 9. Legal Consequences: Warn the seller about the potential legal actions the buyer may pursue, such as filing a lawsuit, seeking damages, or recovering costs associated with the rejection, if the seller fails to address the nonconformities adequately. 10. Document Attached: Clearly state if any supporting documents are attached to the notice, such as invoices, purchase orders, or warranties, to substantiate the buyer's claims. Different types of Rhode Island Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity may include variations in terms of the goods involved, the nature and severity of the nonconformities, and the specific remedies sought by the buyer. However, the basic structure and content should remain consistent across the various templates used for this purpose.