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Notice by Buyer of Rejection of Goods for Breach by Seller of...

Notice by Buyer of Rejection of Goods for Breach by Seller of Shipment Duties

Category:

Letters - Notices

State:

Multi-State

Control #:

US-1075BG

Format:

Instant download

Description

Section 2-504 the Uniform Commercial Code provides: 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

Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance. The damages are assessed on the basis of the principles contained in sections 73 and 74 of the Indian Contract Act, 1872.

The buyer may, (a) set up the breach of warranty in extinction or diminution of the price payable by him, or (b) sue the seller for damages for breach of warranty. He may treat the contract as rescinded and sue the seller for damages.He may treat the contract as subsisting and wait till the date of delivery.

CancelA Seller may cancel a contract when a buyer has wrongfully rejected acceptance of the goods, failed to make payment due on or before delivery, or repudiated the contract.

(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

Liquidated Damages. Specific Performance. Preserve Indemnity Obligations. Delivery of Due Diligence Materials. Termination, Return of Deposit and Compensation. Specific Performance.