The Uniform Commercial Code (UCC) has been adopted in whole or in part by the legislatures of all 50 states.
If a party has reasonable grounds to believe that another will not perform, he or she may demand in writing an assurance of performance. While waiting for a response, the party may suspend his or her own performance. If an assurance is not given within thirty days, this can be considered repudiation of the contract. This same rule applies if cooperation is needed and not given [UCC 2-311(3)(b)].
Maryland Demand to Merchant for Assurance of Performance is a legal document that provides a detailed description of a specific type of demand made by a party (the buyer) to a merchant for assurance of performance in Maryland. This document ensures that the buyer receives adequate reassurance that the merchant will fulfill their contractual obligations. In Maryland, there are two main types of Demand to Merchant for Assurance of Performance that can be used: 1. Maryland Demand for Assurance of Performance for Goods: This type of demand is typically used in situations where the buyer has already placed an order for goods from a merchant, but has doubts about the merchant's ability or willingness to fulfill the order. The demand seeks assurance from the merchant that the ordered goods will be delivered on time and as agreed. 2. Maryland Demand for Assurance of Performance for Services: In the case of service-based contracts, this type of demand is applicable. The buyer requests the merchant to provide assurance that they will perform the agreed-upon services in a timely and satisfactory manner. This demand addresses concerns about the merchant's capability or commitment to fulfilling their obligations. The Demand to Merchant for Assurance of Performance typically includes the following information: 1. Parties Involved: The document identifies the buyer and the merchant, providing their names and contact information. 2. Contract Details: It includes relevant details of the existing contract between the buyer and the merchant, such as the date of agreement, specific terms, and conditions, and any relevant purchase order or agreement numbers. 3. Reason for the Demand: The document clearly specifies the reason for the demand, outlining the concerns of the buyer regarding the merchant's performance. These concerns may include missed deadlines, subpar quality, non-compliance with specifications, or any other breaches of the agreed terms. 4. Specific Demands: The buyer outlines their specific demands for assurance of performance. This may include requesting the merchant to provide additional guarantees, proof of financial stability, references from past clients, or any other evidence that would alleviate the buyer's concerns. 5. Deadline for Response: The document sets a deadline by which the merchant must respond to the demand. This allows the buyer to evaluate the merchant's response and take appropriate action if necessary. It is important to note that the content of a Maryland Demand to Merchant for Assurance of Performance may vary depending on the specific circumstances of the contract and the concerns of the buyer. It is advisable to consult with a legal professional to ensure the document accurately reflects the buyer's needs and protects their interests.
