Virgin Islands Notice by Buyer of Rejection of Goods - Risk of Loss Remains on Seller

State:
Multi-State
Control #:
US-02882BG
Format:
Word; 
Rich Text
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

3 : to specify or designate (goods) as the object of a contract used in the phrase identify to the contract [the disputed beans were goods identified to the contract] NOTE: Under the Uniform Commercial Code, once goods are identified to a contract, the buyer has a special property interest and an insurable interest in ...

Identification of goods is a process that allows a buyer to have a clear and identifiable interest in goods before taking possession from the seller. This process is important because it enables the buyer to insure the goods and protect their investment.

Identification- in sale of goods, the express designation of the goods provided for in the contract. Significant because title and risk of loss cannot pass from seller to buyer unless identified.

If the contract calls for the sale or lease of goods that have yet to be completed or modified in ance with the contract, or for the sale of fungible goods, identification occurs when the goods are shipped, marked, or otherwise designated by the seller or lessor for delivery to the buyer or lessee.

Identification takes place when specific goods are designated as the subject matter of a sales or lease contract. Fungible goods are goods that are different naturally, by agreement, or by trade usage. Any explicit understanding between the buyer and the seller determines when title passes.

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Virgin Islands Notice by Buyer of Rejection of Goods - Risk of Loss Remains on Seller