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.
South Carolina 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)
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Process for Rejection of Goods The buyer is responsible for providing a notice of rejection letter to the supplier describing the defect(s) that renders the delivery as non-conforming to the Contract/PO, what the delivery and inspection criterion was, and how the delivered product does not conform.
Acceptance of non-conforming goods can occur in the following circumstances: (1) the buyer, aware of the problems, nonetheless accepts and waives the problem; (2) the buyer, after a reasonable opportunity to inspect the items, fails to reject the property; or (3) the buyer acts in a way with the property that is ...
???????? A buyer who accepts nonconforming goods must notify the breaching party of the breach within a reasonable time to permit the breaching party to cure; the buyer?s failure to do so will bar any claim for breach.
(2) Acceptance of a part of any commercial unit is acceptance of that entire unit.
Also, a buyer isn't bound to pay for the non-conforming goods they reject. For instance, a buyer orders red mugs from a seller but the seller supplies blue mugs instead. The supply doesn't perfectly match the specific request ing to the UCC requirements because of the difference in colors.
(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.
A fundamental principle of contract law is that a party that accepts the delivery of nonconforming goods must pay the full contract price.
?Nonconforming goods? are items, products or services that do not meet the specifications of the contract made with the Government. Whistleblowers are entitled to bring False Claims Act lawsuits when government contractors do not provide the goods they agreed to provide.
