Pursuant to § 2-606(1)(a) of the Uniform Commercial Code, a buyer may accept the nonconforming goods by signifying that the buyer will retain them in spite of their nonconformity. This form is an example of a buyer giving notice of such an acceptance without his/her acceptance constituting a waiver or a modification of the terms of the contract.
Alabama Notice to Seller by Buyer of Buyer's Acceptance of a Limited Number of Nonconforming Goods in Accordance with Uniform Commercial Code ' 2-606(1)(a)
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FAQ
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.
Uniform Commercial Code Article 2 governs the sale of goods. It was part of the original Uniform Commercial Code approved in 1951. Article 2 represented a revision and modernization of the Uniform Sales Act, which was originally approved by the National Conference of Commissioners on Uniform State Laws in 1906.
What is Section 2-206 of the Uniform Commercial Code? Offer and acceptance in formation of contract. Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
If the buyer accepts nonconforming goods, she is entitled to damages for breach of warranty. These remedies are cumulative, so the aggrieved buyer may pursue any of them, unless the remedies are mutually exclusive.
§ 2-606. What Constitutes Acceptance of Goods. (c) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.
A fundamental principle of contract law is that a party that accepts the delivery of nonconforming goods must pay the full contract price.
If a buyer knowingly accepts nonconforming goods, the buyer may still sue the seller for monetary damages based on the nonconformity. The United Nations Convention on Contracts for the International Sale of Goods does not recognize a formal writing requirement similar to the UCC statute of frauds requirement.
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.
