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Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

Fairfax Virginia Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

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

Category:

Civil Actions - Notices

State:

Multi-State

County:

Fairfax

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.

How to fill out Fairfax Virginia Notice By Buyer Of Rejection Of Goods Based On Obvious Nonconformity?

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FAQ

According to the UCC, if the goods as tendered "fail in any respect to conform to the contract," the buyer has various options, including rejecting the goods. If a buyer wants to reject goods because they do not conform to the contract, the rejection must occur before the buyer accepts the goods.

A buyer has a right to reject goods that do not conform to the contract. Under the Uniform Commercial Code (UCC), a buyer may reject nonconforming goods if such nonconformity substantially impairs the contract. A buyer usually is not allowed to cancel a contract for only trivial defects in goods.

(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.

Under UCC, Section 2-601(a), rejection is allowed if the seller fails to make a perfect tender. The rejection must be made within a reasonable time after delivery or tender. Once it is made, the buyer may not act as the owner of the goods.

A fundamental principle of contract law is that a party that accepts the delivery of nonconforming goods must pay the full contract price.

(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller. (c) The buyer has no further obligations with regard to goods rightfully rejected.

The buyer may revoke acceptance of goods that do not conform to the contract if the nonconformity substantially impairs the value of the goods to him, provided that his acceptance was (1) premised on the reasonable assumption that the seller would cure the nonconformity, and it was not seasonably cured or (2) made with

(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

Rejection of non conforming goods should be made by a buyer in a reasonable time after the goods are delivered. If the goods are non conforming and the buyer has rejected the goods, the buyer has no liability to pay for the goods.

More info

Of a notice in a local newspaper of general circulation. The new ordinance -- as much notice and city council thinks is reasonable.Only the City Council may rezone property – following public notice and hearings.

Fairfax Virginia Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

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