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Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

Ohio Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

Category:

Civil Actions - Notices

State:

Multi-State

Control #:

US-02883BG

Format:

Instant download

Description

Section 2-504 of the Uniform Commercial Code provides in part as follows:

Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must

" Put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and

" Obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and

" promptly notify the buyer of the shipment.

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FAQ

Ing to the UCC, acceptance occurs when the buyer: after a reasonable opportunity to inspect the goods, lets the seller know that the goods either conform with the contract requirements or they don't but the buyer will accept them anyway.

???????? U.C.C. Acceptance: The U.C.C. broadens the common-law rule by providing that, when the offeror does not specify a method, acceptance may be communicated by any method that is reasonable under the circumstances -- even if it is not received before the deadline.

Section 69(1) of the Uniform Sales Act provides: "Where there is a breach of warranty by the seller, the buyer may, at his election: (a) accept or keep the goods [and recoup or recover damages, or] ; (b) refuse to accept the goods . . .; (c) rescind the contract to sell or the sale." In this article, "rejection" refers ...

One of the big differences between the UCC and the common law of contracts is what is recognized as an ?acceptance.? The common law follows the ?Mirror Image Rule,? requiring an acceptance to be an exact mirror image of the terms of the offer for it to be a legally recognized acceptance.

The UCC definition of goods is set out in Article 2, section 2-105 as "all things ... which are movable ... other than money ... investment securities, and things in action. Goods also include the unborn young of animals and growing crops, and other identified things attached to realty..."

(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.

Process for Rejection of Goods The buyer is responsible for providing a notice of rejection letter to the supplier describing the defect(s) that renders the delivery as non-conforming to the Contract/PO, what the delivery and inspection criterion was, and how the delivered product does not conform.

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