Duties With Respect to Rejected Goods: This form states that upon rejecting certain portions of a shipment, the Buyer must notify the Seller of the problems in writing. The rejected goods will remain at the Buyer's place of business/home, until the Seller can reasonably arrange for them to be picked up. This form is available in both Word and Rich Text formats.
Gilbert Arizona Duties With Respect to Rejected Goods
Category:
State:
Arizona
City:
Gilbert
Control #:
AZ-GOODS-12
Format:
Word;
Rich Text
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FAQ
If a buyer refuses to accept delivery of goods, the seller can store the goods for the buyer and sue to recover the sales price if the goods are not readily resalable to another customer. Stoppage in transit is the right of an unpaid seller to stop goods in transit and order the carrier to hold them for the seller.
(1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he must pay for them at the contract rate.
Under the law, ?acceptance? occurs when: 1) after a reasonable opportunity to inspect the goods the Buyer signifies to the Seller that the goods are conforming or that the goods will be retained in spite of any non-conformity; or 2) after a reasonable opportunity to inspect the goods the Buyer fails to make an
Nonconforming Goods If the goods do not conform to the contract, the buyer may reject them all within a reasonable time and notify the seller, accept them all despite their nonconformance, or accept part (limited to commercial units) and reject the rest.
Manner and Effect of Buyer's Rightful Rejection. A buyer with the right to reject the goods is deemed to have accepted the goods if it keeps them for an unreasonable amount of time without rejecting them (UCC § 2-602(1)).
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.
Under the Uniform Commercial Code (UCC), if a vendor delivers non conforming goods, the buyer can reject all of the goods, accept all of the goods, or accept some and reject rest of the goods. Rejection of non conforming goods should be made by a buyer in a reasonable time after the goods are delivered.
If the buyer is a merchant, then the buyer has a special duty to follow reasonable instructions from the seller for disposing of the rejected goods; if no instructions are forthcoming and the goods are perishable, then he must try to sell the goods for the seller's account and is entitled to a commission for his