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South Carolina
Notice by Buyer of Rejection of Goods - Risk of Loss Remains on...

South Carolina Notice by Buyer of Rejection of Goods - Risk of Loss Remains on Seller

Category:

Civil Actions - Notices

State:

Multi-State

Control #:

US-02882BG

Format:

Instant download

Description

In this form the buyer giving notice of its rejecting delivery of the goods. This is covered by Section 2-602 of the Uniform Commercial Code, which state:

Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller. Subject to the provisions of the two following sections on rejected goods (Sections 2-603 and 2-604). After rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and

" If the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this Article (subsection (3) of Section 2-711), he is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them; but

" The buyer has no further obligations with regard to goods rightfully rejected.

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FAQ

Breach of trust with fraudulent intent is covered under South Carolina Criminal Code § 16-13-230. This offense is South Carolina's version of Embezzlement and can be a misdemeanor or felony depending on the value of the property taken.

Section 56-5-2933 - Driving with an unlawful alcohol concentration; penalties; enrollment in Alcohol and Drug Safety Action Program; prosecution. (4) for a fourth or subsequent offense, by imprisonment for not less than one year nor more than five years.

Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within six years after the cause of action has accrued. (2) A cause of action accrues for breach of warranty when the breach is or should have been discovered.

References to minors in State laws mean persons under age of 18 years; exceptions; presumption that minors were persons under age of 21 in certain wills, trusts and deeds.

(1) With respect to a secured or unsecured consumer credit transaction payable in two or more installments, after a consumer has been in default for ten days for failure to make a required payment and has not voluntarily surrendered possession of goods that are collateral, a creditor may give the consumer the notice ...

102. Section 36-2-314 - Implied warranty; merchantability; usage of trade (1) Unless excluded or modified (Section 36-2-316 ), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.

Examples of a breach of contract include the following: A party communicates his or her intent to not comply with the contract. A party refuses to perform his or her obligations under the contract. A party violates a material term of the contract.

A seller's warranty whether express or implied extends to any natural person who may be expected to use, consume or be affected by the goods and whose person or property is damaged by breach of the warranty. A seller may not exclude or limit the operation of this section.

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