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(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
Warehouse receipts are also recognised as documents of title. To establish title to goods, a warehouse receipt must contain the particulars set out in section 11 of the Warehousing Act.
The "Perfect Tender Rule" basically says that the seller/supplier must tender delivery to the buyer-contractor/subcontractor or owner/developer exactly what was ordered. If the tender is not perfect, the buyer has the right to reject the materials or equipment.
The Uniform Commercial Code (UCC) contains rules applying to many types of commercial contracts, including contracts related to the sale of goods, leasing of goods, use of negotiable instruments, banking transactions, letters of credit, documents of title for goods, investment securities, and secured transactions.
(c) "Receipt" of goodsmeans taking physical possession of them.
Under the law, acceptance occurs when: 1) after a reasonable opportunity to inspect the goods the Buyer signifies to the Seller that the goods are conforming or that the goods will be retained in spite of any non-conformity; or 2) after a reasonable opportunity to inspect the goods the Buyer fails to make an
(30) "Document" means a document of title or a receipt of the type described in Section 7-201(2). (31) "Electronic chattel paper" means chattel paper evidenced by a record or records consisting of information stored in an electronic medium.
An acceptance is a manifestation of assent to the terms of the offer made by the offeree in the manner invited or required by the offer. In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the
(1) Acceptance of goods occurs when the buyer (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or (b) fails to make an effective rejection as provided by subsection (1) of section 42a-2-602,
When the person to whom a proposal is made signifies their assent, it is an "acceptance" of their offer, also called an agreement. For example, if someone gives a gift and another receives it, then they have accepted the gift; therefore, having acceptance.