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The buyer may be able to bring an action against the seller for breach of contract if the goods which are delivered don't conform to the re- quirements of the contract. Once defective or non-conforming goods are delivered, the contractor may either accept or reject the products.
Not acceptance if seller notifies buyer that the shipment is offered only as an accommodation to the buyer?then it's a counteroffer. Under common law, ?non-conforming? goods are a counteroffer and not an acceptance?but UCC rules on sale of goods.
A fundamental principle of contract law is that a party that accepts the delivery of nonconforming goods must pay the full contract price.
A fundamental principle of contract law is that a party that accepts the delivery of nonconforming goods must pay the full contract price.
Perfect Tender Rule: If the goods delivered or the tender of delivery fail in any respect to conform with the terms of the contract, the buyer has the right to (i) accept the goods, (ii) reject the entire shipment, or (iii) accept part and reject part.