Hawaii Notice by Seller Regarding Request for Extension of Time to Effect Cure of Improper Tender of Goods
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How to fill out Notice By Seller Regarding Request For Extension Of Time To Effect Cure Of Improper Tender Of Goods?
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FAQ
42 The primary obligation of a buyer under the contract of sale is to pay the price for the goods delivered. 43 According to Article 6 CISG, a buyer is under the obligation to pay the purchase price at the deadline agreed and to take delivery of the goods.
Generally, the seller's primary obligations are to transfer ownership of the goods and deliver the goods. A seller may agree with the buyer to perform other obligations. For instance, a seller may agree to package or label the goods in a certain way or service the goods for a specific period of time.
Seller Remedies for Buyer's Agreement BreachesLiquidated Damages. The typical seller remedy for buyer agreement breaches is retention of the deposit monies posted at the time of signing the PSA.Specific Performance.Preserve Indemnity Obligations.Delivery of Due Diligence Materials.
(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 seller of it.
The seller assumes certain obligations under the contract of sales. These obligations are the obligation to deliver, the obligation to transfer ownership, the obligation to warrant the buyer against dispossession defects and non-conformity to the contract and other obligations.
Right to claim loss: If the buyer unlawfully refuses to accept the delivery of goods, the seller has a right to claim from the buyer the loss caused to him due to non-acceptance of the goods and also reasonable charges for the care and custody of the goods.
Types of Remedies for Breach of ContractCompensatory Damages. An award of compensatory damages is the most common of the legal remedies for breach of contract.Specific Performance.Injunction.Rescission.Liquidated Damages.Nominal Damages.
O The perfect tender rule provides that a seller has a duty to tender goods that conform precisely to the contract and the buyer has the right to reject any goods that do not. o If the buyer rejects the goods before he has accepted them, then the seller has the opportunity to cure until the time set for performance.
The buyer may, (a) set up the breach of warranty in extinction or diminution of the price payable by him, or (b) sue the seller for damages for breach of warranty. He may treat the contract as rescinded and sue the seller for damages. This is also known as 'damages for anticipatory breach'.
"Curing" Defective Goods A key section of the UCC gives a seller the right to cure goods delivered to a buyer that are defective or non-conforming. In other words, if a seller delivers goods that don't match the contract, and the buyer rejects those goods, the UCC gives the seller an opportunity to fix the problem.
