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When a buyer accepts goods but subsequently informs the seller that the goods are nonconforming, the seller has an obligation to address the issue. This may involve replacing the nonconforming goods or offering a remedy. Awareness of the Massachusetts Notice by Seller Regarding Request for Extension of Time to Effect Cure of Improper Tender of Goods can help clarify the seller's responsibilities in such cases.
When a seller delivers nonconforming goods, the buyer has the right to accept all, reject all, or accept part of the goods. This flexibility allows the buyer to decide based on their assessment of the delivered items. Navigating this situation may require referencing the Massachusetts Notice by Seller Regarding Request for Extension of Time to Effect Cure of Improper Tender of Goods for proper procedures.
Section 5 of the Indian Contract Act, 1872 An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards. Hence, the acceptor can revoke his acceptance at any time before his letter accepting the offer reaches the offeror.
"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.
The seller holds the property in trust for the buyer until final closing and the deed has been recorded. This means that the risk of loss of damage to the property before closing and before recording, falls on the purchaser unless otherwise agreed to in a written agreement.
(3)fffdfffdfffdfffd Recover Damages for Accepted Goods: A buyer who accepts nonconforming goods may keep the goods and, after reasonable notice to the seller of the defects in the goods and/or the manner of tender, sue for the difference between the value of the goods as accepted and their value as promised in the contract.
The seller or the lessor retains the risk of loss of the goods until he or she identifies them in a sales or lease contract. section 2-401(1) and 2-501 prevent title to goods from passing unless the goods are identified to the sales contract.
§ 2-509(1)(a). To the contrary, when the seller is required to deliver the goods to a particular destination, the seller bears the risk of loss until tender of delivery at the destination.
Typically, the party who currently holds the title to the goods bears the risk of loss for those goods. So between a typical buyer and seller, the seller retains the risk of loss until the title is transferred successfully to the buyer, who then bears the risk.
Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred.