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Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

Name: Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.8 (462 reviews)

Category:

Civil Actions - Notices

State:

Multi-State

Control #:

US-02883BG

Format:

Instant download

Description

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.

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FAQ

(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

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

(1) Unless otherwise agreed and subject to subsection (3), where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner.

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. Rejection of non conforming goods should be made by a buyer in a reasonable time after the goods are delivered.

UCC § 2-608 provides that after a buyer has accepted goods, the acceptance may be revoked under the following circumstances: "(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it (a) on the reasonable assumption that its

Under California law, the seller has an affirmative duty to report any defects and the buyer does not have to ask about the conditions on the property to learn of such defects. Whether a defect is considered material depends on the characteristics of the property and the statements made by the buyer to the seller.

Remember, your sales contract may limit your options. For example, the contract may state that if the buyer fails to close without good reason, you are entitled to liquidated damages, which is a set amount of money, and that you are not allowed to pursue any other legal remedies.

(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 sellerof it.

Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

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FAQ

When a buyer breaches a contract by refusing to take delivery of conforming goods the buyer?

Under which circumstances has the buyer accepted goods?

What right does a buyer have before it is obligated to perform?

What are the buyer's rights on receiving nonconforming goods?

In which of the following situations can a buyer revoke acceptance of nonconforming goods?

When may a buyer revoke acceptance if a nonconformity substantially impairs the value of goods?

What is the buyer's duty to notify the seller of a defect?

What happens if a buyer breaches a contract?

What are the requirements for a Buyer's revocation of acceptance?

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