When a seller makes a delivery of nonconforming goods that are rejected, the seller has the right to make a curative tender of goods. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
In Arkansas, an "Answer to Complaint on Open Account and Alleging Nonconformity of Goods Cured by Conforming Delivery" is a legal document filed by a defendant in response to a complaint related to an open account and an allegation of nonconformity of goods that have been cured by a conforming delivery. This answer serves as the defendant's opportunity to present their defense and dispute the claims made against them. There are several potential variations or types of answers available to defendants in this situation. Here are a few examples: 1. General Denial Answer: This type of answer simply denies all the allegations made in the plaintiff's complaint. The defendant states that they are not liable for the debt or nonconformity of goods as alleged. 2. Affirmative Defense Answer: In this type of answer, the defendant acknowledges the allegations made in the complaint but presents justifiable reasons or defenses for not being held liable. For instance, the defendant might argue that the plaintiff failed to adequately inspect the goods upon delivery, thereby absolving them of liability. 3. Counterclaim Answer: If the defendant believes they have a valid claim against the plaintiff, they can file a counterclaim as part of their answer. This allows the defendant to seek damages or other relief from the plaintiff, potentially offsetting their own liability. 4. Partial Payment Answer: In situations where the defendant admits owing some amount from the open account, they can present this type of answer indicating that they have already made partial payment and provide evidence of such payment. 5. Statute of Limitations Answer: If the plaintiff's claim is time-barred due to the expiration of the applicable statute of limitations, the defendant can raise this as their defense in the answer. The specific type of answer filed will depend on the circumstances of the case and the available defenses. Defendants are advised to consult with an attorney to determine the most appropriate type of answer to file in their situation to dispute the allegations effectively.
