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Texas Notice to Seller of Acceptance of Goods as an Accommodation

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Control #:
US-03298BG
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Description

In this form, the Buyer waives the breach of contract and states that he/she is willing to accept the nonconforming goods on the exact terms of the original offer.

Texas Notice to Seller of Acceptance of Goods as Accommodation is a document used in commercial transactions to inform the seller that the buyer has accepted the goods delivered, even though they might not be in strict compliance with the agreed-upon terms. This notice acts as a safeguard for the buyer, ensuring that by accepting the goods, they are not waiving their right to hold the seller accountable for any defects or non-conformities. This accommodation provision allows the buyer to receive and use the goods without rejecting them entirely, granting the seller additional time to remedy any issues or make necessary amendments. This flexibility can help maintain a positive business relationship between both parties, preventing the seller from suffering a complete loss while also protecting the buyer's interests. By sending a Texas Notice to Seller of Acceptance of Goods as an Accommodation, the buyer notifies the seller that they agree to keep the goods provided, despite any discrepancies. However, this should not be interpreted as a conclusive acceptance, as the buyer still reserves the right to pursue remedies or compensation for any damages incurred due to the non-conformities. There are different types of Texas Notice to Seller of Acceptance of Goods as Accommodation that can be utilized, depending on the specific circumstances of the transaction. These may include: 1. Notice to Seller of Acceptance of Goods with Identified Discrepancies: This notice is used when the buyer acknowledges the receipt of goods with specified defects or non-conformities. It enables the seller to rectify the issues within a reasonable period, ensuring that the buyer's rights are preserved. 2. Conditional Acceptance Notice to Seller: This type of notice is utilized when the buyer accepts the goods conditionally, subject to specified modifications, repairs, or replacements. It outlines the necessary changes required for the buyer to fully accept the goods and prompts the seller to address these concerns promptly. 3. Accommodation Acceptance Notice to Seller: When the buyer acknowledges accepting the goods purely as accommodation to the seller and not as an admission of their conformity, this notice is sent. It expresses the buyer's willingness to cooperate temporarily, affording the seller an opportunity to rectify the non-conformities promptly. To safeguard the buyer's rights, it is crucial to ensure that the language used in a Texas Notice to Seller of Acceptance of Goods as Accommodation is precise and clearly portrays the buyer's intentions. This document acts as a crucial intermediary step before resorting to other legal measures, allowing both parties to find a mutually beneficial resolution.

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FAQ

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.

Under the law, acceptance occurs when: 1) after a reasonable opportunity to inspect the goods the Buyer signifies to the Seller that the goods are conforming or that the goods will be retained in spite of any non-conformity; or 2) after a reasonable opportunity to inspect the goods the Buyer fails to make an

For example, a seller wants to sell a vehicle for $20,000. A buyer arrives and offers $15,000 for the vehicle. The offerer provides a counteroffer, asking for $16,000 with the objective of obtaining a higher price.

Under the law, acceptance occurs when: 1) after a reasonable opportunity to inspect the goods the Buyer signifies to the Seller that the goods are conforming or that the goods will be retained in spite of any non-conformity; or 2) after a reasonable opportunity to inspect the goods the Buyer fails to make an

Accommodation Rule (Shipment of non-conforming goods) When a seller sends non-conforming goods he may notify the buyer that he is sending the non-conforming goods as an accommodation to the buyer.

A counteroffer functions as both a rejection of an offer to enter into a contract, as well as a new offer that materially changes the terms of the original offer. Because a counteroffer serves as a rejection, it completely voids the original offer. This means that the original offer can no longer be accepted.

Not acceptance if seller notifies buyer that the shipment is offered only as an accommodation to the buyerthen it's a counteroffer. Under common law, non-conforming goods are a counteroffer and not an acceptancebut UCC rules on sale of goods.

(2) Acceptance of a part of any commercial unitis acceptance of that entire unit. 2039 § 2-605. Waiver of Buyer's Objections by Failure to Particularize.

If the buyer is a merchant, then the buyer has a special duty to follow reasonable instructions from the seller for disposing of the rejected goods; if no instructions are forthcoming and the goods are perishable, then he must try to sell the goods for the seller's account and is entitled to a commission for his

An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any

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Texas Notice to Seller of Acceptance of Goods as an Accommodation