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When a seller delivers nonconforming goods, the buyer may accept all, reject all, or accept part of the goods. This flexibility allows buyers to choose how they want to proceed based on their needs. It is advisable to refer to the Montana Notice by Seller to Buyer of Intention to Cure Improper Tender of Goods to ensure proper communication and remedies are explored.
Article 2 is a vast segment of the UCC that specifically addresses contracts for the sale of goods. A good is any movable property identified at the time of the contract. 'Goods' are also sometimes known as 'chattels. '
Rejection of non conforming goods should be made by a buyer in a reasonable time after the goods are delivered. If the goods are non conforming and the buyer has rejected the goods, the buyer has no liability to pay for the goods.
Seller shall have five (5) days after receipt of a Defects Notice to notify Buyer (Seller's Title Response) of its intent to correct the defects in the Title Report or the Survey objected to by Buyer.
Rather, a Seller's right to cure means that the Seller simply has the option to cure a defect once the Buyer notifies the Seller that there are defects to which the Buyer objects.
The Seller's Primary Obligation Under the UCC, a seller's primary obligation is "tender of delivery." In other words, delivering the goods to the buyer. In some cases, tender of delivery will involve the seller shipping or otherwise transporting goods to the buyer.
The Right to Cure Defined. The legal right to cure is essentially a principle found in contract law that allows one party in a contract, who has defaulted under a contract provision, to remedy their default by taking steps to ensure compliance or otherwise, cure the default.
A Seller's right to cure does not mean that the Seller must cure any defects uncovered during a home inspection. Rather, a Seller's right to cure means that the Seller simply has the option to cure a defect once the Buyer notifies the Seller that there are defects to which the Buyer objects.
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.
(1) Acceptance of goods occurs when the buyer (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or (b) fails to make an effective rejection as provided by subsection (1) of section 42a-2-602,