Guam Notice of Defects in Goods After Acceptance

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Multi-State
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US-02743BG
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Description

Section 2-607(3) provides, in part, as follows:

"Where a tender has been accepted the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy."

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FAQ

According to the UCC, acceptance occurs when the buyer: after a reasonable opportunity to inspect the goods indicates to the seller that the goods are conforming or that he or she will take them in spite of any non-conformity. does not reject the goods after a reasonable time for inspection has passed; or.

UCC § 2-608 provides that after a buyer has accepted goods, the acceptance may be revoked under the following circumstances: "(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it (a) on the reasonable assumption that its

Acceptance may be revoked under section 2-608(1)(b) if the acceptance was reasonably induced by difficulty of discovery before acceptance or by the seller's assurances that the non-conformity would be corrected.

(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the sellerof it.

If goods have been accepted because the seller promised to fix defects or because the defects were latent, then the buyer may revoke the acceptance where the nonconformity substantially impairs the value of the contract to the buyer.

Correct. A buyer may revoke acceptance of goods that do not conform substantially to the contract, and acceptance was made without discovering the nonconformity.

A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.

The buyer may revoke acceptance of goods that do not conform to the contract if the nonconformity substantially impairs the value of the goods to him, provided that his acceptance was (1) premised on the reasonable assumption that the seller would cure the nonconformity, and it was not seasonably cured or (2) made with

(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

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Guam Notice of Defects in Goods After Acceptance