Florida Notice of Wrongful Refusal to Accept Delivery
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How to fill out Notice Of Wrongful Refusal To Accept Delivery?
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FAQ
The UCC (Uniform Commercial Code) says if a seller supplies non-conforming goods, the buyer can accept or refuse to accept all the goods, or accept some while rejecting some.
(1) May refuse service to any person who is objectionable or undesirable to the licensee, but such refusal of service shall not be on the basis of race, creed, color, religion, sex, national origin, marital status, or physical handicap.
In order to exercise the right of rejection, a Buyer must seasonably notify the Seller that the Buyer is rejecting the goods. This notice must state with sufficient particularity the grounds for the rejection, i.e. the problem with the goods.
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. The rejection must occur before the buyer accepts the goods.
Rejection of non conforming goods should be made by a buyer in a reasonable time after the goods are delivered. If the goods are non conforming and the buyer has rejected the goods, the buyer has no liability to pay for the goods.
Under Article 2, if the goods 'fail in any respect to conform to the contract,' then the buyer can reject the goods. Rejection simply means that the buyer refuses, or doesn't keep, the goods.
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. If he has taken possession of the goods before he rejects them, he must hold them with reasonable care to permit the seller to remove them.
Delivery of wrong quantity or description (1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he must pay for them at the contract rate.
According to the UCC, if the goods as tendered "fail in any respect to conform to the contract," the buyer has various options, including rejecting the goods. If a buyer wants to reject goods because they do not conform to the contract, the rejection must occur before the buyer accepts the goods.
