Rhode Island Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

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Multi-State
Control #:
US-02883BG
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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

Under the Convention, the buyer has the right to refuse seller's goods after delivery if any one of the following five situations occurs: 1) a fundamental breach by the seller giving the buyer the right to avoid the contract; [FN75] 2) the buyer requests the delivery of substitute goods because of the seller's ...

Compliance issues - Customs officials are known for being stringent about import regulations. Therefore, if a package contains restricted or prohibited items, if there is any missing documentation, or if there are any other trade regulation infractions, a customs official can reject the package.

Once the buyer accepts, she is obligated to pay at the contract rate and loses the right to reject the goods. Uniform Commercial Code, Section 2-607.

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.

For goods rejected by competent authorities because of non-compliance with technical or sanitary and phytosanitary requirements, WTO Members are required to allow the importer to re-consign the merchandise or return the same to the exporter or another person who has been designated by the exporter.

Damaged, dented or leaking packaging This might seem obvious, but if your dangerous goods package is damaged or leaking on the loading dock, your carrier will (and should) reject it.

Five examples are 1-If the food has been contaminated. 2-If chilled foods are above 5°C. 3-Whenever there are signs of spoilage. 4-If the items had passed used-by-date or use-by date 5-When the frozen items are above -15°C and have started to thaw.

Buyer's Rejection A rejection must occur within a reasonable time after the delivery of the goods. The buyer must promptly notify the seller of the rejection. The buyer must give the seller an opportunity to correct the problem with the goods. The rejection must occur before the buyer accepts the goods.

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Rhode Island Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity