Buyer Remedies UCC provisions Flashcards
601, Perfect Tender Rule
If the goods or the method of delivery provided by the seller fail in any respect to conform with the contract, the buyer may : accept the whole, reject the whole, accept the commercial units and reject the rest
606, Acceptance
A buyer accepts if :
1) after having a reasonable amount of time to inspect the goods, indicates to the seller that he will accept them or that he will accept the, despite their nonconformance
2) exercises ownership of the goods
3) fails to make an effective rejection under 602
602, Rejection
The buyer can reject nonconforming goods under 601 by rejecting the goods within a reasonable time after tender and notifying the seller of rejection
* a wrongful rejection will allow the seller to recover under 703
508, Cure
- when a buyer rejects the goods for nonconformance, the seller may notify the buyer within a reasonable time of their intention to cure the nonconformance and then timely make a conforming delivery
2) if a seller delivers nonconforming goods based on a reasonable belief that the buyer would accept them or alternatively accepts a discount for the nonconformity, then the seller may still notify the buyer of their intention to cure and then timely make a conforming delivery
608, Revocation
The buyer may revoke acceptance if:
1) he accepted the goods on the seller’s assurance that the nonconformity would be cured and it wasn’t
2) buyer did not notice nonconformity upon tender and a reasonable inspection would not have revealed it
3) seller assured there was no nonconformity and the buyer relied on it
714
(value of the goods warranted- value of the goods provided) + incidental/consequentials - expenses saved
713
(contract price- market price at the time buyer learned of breach) + incidentals/ consequential - expenses saved
712
(contract price- cover price) + incidentals/ consequential - expenses
