Pursuant to § 2-606(1)(a) of the Uniform Commercial Code, a buyer may accept the nonconforming goods by signifying that the buyer will retain them in spite of their nonconformity. This form is an example of a buyer giving notice of such an acceptance without his/her acceptance constituting a waiver or a modification of the terms of the contract.
Illinois Notice to Seller by Buyer of Buyer's Acceptance of a Limited Number of Nonconforming Goods in Accordance with Uniform Commercial Code ' 2-606(1)(a)
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FAQ
The buyer may be able to bring an action against the seller for breach of contract if the goods which are delivered don't conform to the re- quirements of the contract. Once defective or non-conforming goods are delivered, the contractor may either accept or reject the products.
Acceptance of non-conforming goods can occur in the following circumstances: (1) the buyer, aware of the problems, nonetheless accepts and waives the problem; (2) the buyer, after a reasonable opportunity to inspect the items, fails to reject the property; or (3) the buyer acts in a way with the property that is ...
A fundamental principle of contract law is that a party that accepts the delivery of nonconforming goods must pay the full contract price.
If a buyer knowingly accepts nonconforming goods, the buyer may still sue the seller for monetary damages based on the nonconformity. The United Nations Convention on Contracts for the International Sale of Goods does not recognize a formal writing requirement similar to the UCC statute of frauds requirement.
If the buyer accepts nonconforming goods, she is entitled to damages for breach of warranty. These remedies are cumulative, so the aggrieved buyer may pursue any of them, unless the remedies are mutually exclusive.
Perfect Tender Rule: If the goods delivered or the tender of delivery fail in any respect to conform with the terms of the contract, the buyer has the right to (i) accept the goods, (ii) reject the entire shipment, or (iii) accept part and reject part.
First, the buyer must reject the non-conforming goods within a reasonable time after their delivery or tender. It is considered an ineffective rejection of the goods if the buyer does not timely notify the seller (even if the seller is already generally aware of the defect).
UCC Sections 2-601 and 2A-509 embrace the perfect tender rule. These sections indicate that if goods or tender of delivery fails in any respect to conform to the contract, the buyer/lessee has the right to accept the goods, reject the entire shipment, or accept part and reject part.
???????? A buyer who accepts nonconforming goods must notify the breaching party of the breach within a reasonable time to permit the breaching party to cure; the buyer?s failure to do so will bar any claim for breach.
