Connecticut Notice to Buyer of Seller's Intention to Make Installment Deliveries
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How to fill out Notice To Buyer Of Seller's Intention To Make Installment Deliveries?
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FAQ
With a shipment contract, the buyer bears the risk of loss for the goods prior to actually receiving them. Here, the seller's only duty is to get the goods to a common carrier and make proper delivery arrangements for the goods to get to the seller.
The contract becomes a shipment contract when a common carrier, not the seller's agent, is used for delivery.
THE PERFECT TENDER RULE: UCC requires that sellers and lessors tender conforming goods to the buyer or lessee.
Rejection and a Buyer's Duties after Rejection Under UCC, Section 2-601(a), rejection is allowed if the seller fails to make a perfect tender. The rejection must be made within a reasonable time after delivery or tender. Once it is made, the buyer may not act as the owner of the goods.
Under the perfect tender rule, the seller must supply the buyer with goods that conform perfectly to the buyer's demands in order to trigger the buyer's obligation to accept the goods and pay for them.
A present contract to sell future goods (those which are not both existing and identified) is considered a contract to sell, not a contract for the sale of goods. Article 2 does not apply to the transfer of property resulting from gifts, security interests in property, leases or bailments because these are not sales.
Common-carrier delivery contracts include origin and destination contracts, but not transfer contracts.
(3) Recover Damages for Accepted Goods: A buyer who accepts nonconforming goods may keep the goods and, after reasonable notice to the seller of the defects in the goods and/or the manner of tender, sue for the difference between the value of the goods as accepted and their value as promised in 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
If an owner entrusts the possession of goods to a merchant who deals in goods of that kind, the merchant has no authority to transfer any rights in the goods to a buyer in the ordinary course of business.
