Question

In: Operations Management

If the time for performance has not yet expired, the seller may seasonably notify the buyer...

If the time for performance has not yet expired, the seller may seasonably notify the buyer of his intent to cure, and then make a conforming delivery provided that the seller had reasonable grounds for believing that the non-conforming tender would be acceptable. Is this statement correct? Explain your answer, including the applicable UCC sections.

Solutions

Expert Solution

Yes, the statement about the cure by the seller for non-conforming goods is right.

According to article 2, section 508, sub-section 1, and 2 of the Uniform Commercial Code, a seller can notify the buyer of the intent to cure or remedy the non-conforming goods by delivering conforming goods if the time in the contract has not yet expired. This performance by the seller can be done within the time of performance mentioned in the contract.

Sub-section 2 gives an additional time of performance to the seller if the buyer rejected the non-conforming goods that the seller believed would have been acceptable, and the seller had notified the buyer about the intent to remedy the non-conforming goods.

keosha answered 2 years ago
Next > < Previous

Related Solutions

We have the assignment (Buyer 1, Seller 1), (Buyer 2, Seller 2). The payoffs are: Buyer...
We have the assignment (Buyer 1, Seller 1), (Buyer 2, Seller 2). The payoffs are: Buyer 1 = 11 Seller 1 = 15 Buyer 2 = 10 Seller 2 = 6 Buyer 1 and Seller 2 can generate together 16. Buyer 2 and Seller 1 can generate together 26. Is the assignment stable?
A German seller and a U.S. buyer form a contract. The buyer breaches. The seller sues...
A German seller and a U.S. buyer form a contract. The buyer breaches. The seller sues in a German court and wins damages, but the buyer’s assets are in the United States. If a U.S. court enforces the judgment, it will be because of Question 33 options: the doctrine of sovereign immunity. the act of state doctrine. the principle of comity. None of the above.
When goods transported from the seller to the buyer by a third party carrier, the time when the risk of loss passes from the seller to the buyer is determined by:
When goods transported from the seller to the buyer by a third party carrier, the time when the risk of loss passes from the seller to the buyer is determined by:(a) the contract's shipping terms (b) the buyer's insurance policy (c) the seller's insurance policy (d) when the title of goods passes from seller to buyer
When may the seller provide a buyer with a property condition disclaimer instead of a disclosure?...
When may the seller provide a buyer with a property condition disclaimer instead of a disclosure? A) When the property is offered "as is." B) When the buyer waives the right to a disclosure. C) When the seller is unaware of any conditions requiring disclosure. D) When the improvements are less than one year old.
a) Buyer A has entered into a contract for the sale of goods with Seller B....
a) Buyer A has entered into a contract for the sale of goods with Seller B. Seller B has delivered nonconforming goods but has promised to cure the defects. After three months of waiting, Seller B has not cured the defect. What remedy does Buyer A have?   b) Buyer A has entered into a contract for the sale of goods with Seller B. Buyer A has breached the contract while the goods are in transit. What remedy does Seller B...
a)   Buyer A has entered into a contract for the sale of goods with Seller B....
a)   Buyer A has entered into a contract for the sale of goods with Seller B. The contract provides that Seller B will deliver the goods on May 1, 2010. On May 1, 2010, Seller B informs A that it will not be able to perform the contract. Assume Buyer A was going to pay $3,000 for the goods under the contract with Seller B. Seller C will sell Buyer A the goods for $4,000 plus a transportation cost of...
Buyer A has entered into a contract for the sale of goods with Seller B.
Buyer A has entered into a contract for the sale of goods with Seller B. The contract provides that Seller B will deliver the goods on May 1, 2010. On February 1, 2010, Seller B informs A that it will not be able to perform the contract. What has occurred and what remedies are available to A in this case?
Buyer and Seller entered into a contract governed by the CISG for Seller to deliver a...
Buyer and Seller entered into a contract governed by the CISG for Seller to deliver a sophisticated computer to Buyer by January 1. Seller was late in delivering themachine, so Buyer wired Seller on January 2: “Anxious to take delivery of the computer. Hope that it arrives by February1.”Seller delivers the computer on February 5, but Buyer refused to accept it and declares that the contract is avoided because Seller failed to hand over the computer before the February 1...
A monopolist seller faces two buyer A and B. Each buyer has his own incremental reservation...
A monopolist seller faces two buyer A and B. Each buyer has his own incremental reservation price for 1, 2, 3, or 4 units of Widgets as shown on the table below. Quantity First Unit Second Unit Third Unit Fourth unit A's Reservation price 7 5 3 1 B's reservation price 14 10 6 2 So for example, the A buyer has a total reservation price of 15 for 3 units of Widgets. 1) Suppose the seller cannot separate the...
Sydney Retailing (buyer) and Troy Wholesalers (seller) enter into the following transactions.    May 11 Sydney...
Sydney Retailing (buyer) and Troy Wholesalers (seller) enter into the following transactions.    May 11 Sydney accepts delivery of $37,500 of merchandise it purchases for resale from Troy: invoice dated May 11; terms 3/10, n/90; FOB shipping point. The goods cost Troy $25,125. Sydney pays $510 cash to Express Shipping for delivery charges on the merchandise. 12 Sydney returns $1,500 of the $37,500 of goods to Troy, who receives them the same day and restores them to its inventory. The...
ADVERTISEMENT
Subjects
ADVERTISEMENT
Latest Questions
ADVERTISEMENT