Washington Notice to Buyer Objecting to Confirmation of Sale made by Buyer and Denying the Existence of an Agreement

State:
Multi-State
Control #:
US-02293BG
Format:
Word
Instant download

Description

The Uniform Commercial Code (UCC) has been adopted in whole or in part by the legislatures of all 50 states. A contract for the sale of goods may be oral or written. In some cases, it must be evidenced by a writing or it cannot be enforced in court. Under the UCC, contracts for the sale of goods where the price equals $500.00 or more (with some exceptions) fall under the statute of frauds of Article 2. Whenever the sales price of goods is $500 or more, the sales contract must be evidenced by a writing to be enforceable. The writing may be either a complete written contract signed by both parties or a memorandum (confirming letter) signed by the defendant.


When the transaction is between merchants, an exception is made to the requirement of signing. The failure of a merchant to repudiate a confirming letter sent by another merchant within ten days of receiving such a letter binds the merchant who did not sign just as he had signed the letter.

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FAQ

Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but (a) the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer, and (b) a court having jurisdiction may grant ...

Limitation of remedy to repair or replacement of defective parts or non-conforming goods is invalid in sales of goods primarily for personal, family or household use unless the manufacturer or seller maintains or provides within this state facilities adequate to provide reasonable and expeditious performance of repair ...

(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense ...

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.

Tender of payment by buyer; payment by check. (2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.

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Washington Notice to Buyer Objecting to Confirmation of Sale made by Buyer and Denying the Existence of an Agreement