Florida Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

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Multi-State
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US-02883BG
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Description

Section 2-504 of the Uniform Commercial Code provides in part as follows:


Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must


" Put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and

" Obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and

" promptly notify the buyer of the shipment.

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FAQ

A buyer who rightfully rejects nonconforming goods may obtain cover or cancel the contact, but may not seek damages. A warranty of good title means that a seller warrants that he or she has valid title to the goods and that transfer of the title is rightful.

Ing to the UCC, acceptance occurs when the buyer: after a reasonable opportunity to inspect the goods, lets the seller know that the goods either conform with the contract requirements or they don't but the buyer will accept them anyway.

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.

Process for Rejection of Goods The buyer is responsible for providing a notice of rejection letter to the supplier describing the defect(s) that renders the delivery as non-conforming to the Contract/PO, what the delivery and inspection criterion was, and how the delivered product does not conform.

Under the "perfect tender rule" the buyer may reject the goods if they fail in any respect to conform to the contract.

A rejection must occur within a reasonable time after the delivery of the goods. The buyer must promptly notify the seller of the rejection. The buyer must give the seller an opportunity to correct the problem with the goods.

A contract for the sale of ?goods? is governed by Florida's Uniform Commercial Code, Chapter 672. Technically, this governing chapter is known as the ?Uniform Commercial Code: Sales?. Since that name is sort of a mouthful, it is usually just referred to as the UCC.

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Florida Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity