Massachusetts Notice by Buyer of Rejection of Goods for Breach by Seller of Shipment Duties
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How to fill out Notice By Buyer Of Rejection Of Goods For Breach By Seller Of Shipment Duties?
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First, contact the seller. Most businesses will work with you to resolve the problem and keep you as a customer. If that doesn't work, you still didn't get your order and the charge shows up on your credit card statement, dispute the charge.
The UCC permits the seller to also take other steps with respect to the goods directly affected or if the whole contract was breached, with respect to the whole undelivered balance of the contract. These remedies include withholding delivery of the goods, stopping the delivery of the goods or canceling the contract.
If a seller fails to deliver conforming goods, the measure of recovery in the buyer's suit for damages is the difference between the contract price and the market price at the place of delivery at the time the buyer learns of the breach.
It notes that a buyer who has accepted goods may be entitled to recover damages measured by the difference between the market price and the contract price.
If a buyer wrongfully refuses to accept goods, the seller can bring an action to recover the damages sustained. When a buyer has breached a sales contract, and the goods are in his or her possession, the seller can sue to recover the purchase price, but not incidental damages.
However, a merchant buyer who has rightfully rejected the goods is obligated to follow reasonable instructions from the seller with respect to the disposition of the goods in his possession or control, when the seller has no agent or business at the place of rejection.
If a seller fails to deliver conforming goods, the measure of recovery in the buyer's suit for damages is the difference between the contract price and the market price at the place of delivery at the time the buyer learns of the breach.
In a shipment contract, the seller has four duties: (1) to deliver the goods to a carrier; (2) to deliver the goods with a reasonable contract for their transportation; (3) to deliver them with proper documentation for the buyer; and (4) to promptly notify the buyer of the shipment (UCC, Section 2-504).
