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Commercial Code - COM - COM § 2605
Commercial Code - COM - COM § 2605
(1) The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach (a) Where the seller could have cured it if stated seaso
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Commercial Code - COM - COM § 2606
Commercial Code - COM - COM § 2606
(1) Acceptance of goods occurs when the buyer (a) After a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or (b) Fails to make an effective rejection (subdivisio
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Commercial Code - COM - COM § 2607
Commercial Code - COM - COM § 2607
(1) The buyer must pay at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes rejection of the goods accepted and, if made with knowledge of a nonconformity, cannot be revoked because of it unless the acceptance was on the reasonable assumptio
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Commercial Code - COM - COM § 2608
Commercial Code - COM - COM § 2608
(1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it (a) On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) Without discove
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Commercial Code - COM - COM § 2609
Commercial Code - COM - COM § 2609
(1) A contract for sale imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assura
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Commercial Code - COM - COM § 2610
Commercial Code - COM - COM § 2610
When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may (a) For a commercially reasonable time await performance by the repudiating party; or (b
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Commercial Code - COM - COM § 2611
Commercial Code - COM - COM § 2611
(1) Until the repudiating party’s next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation canceled or materially changed his position or otherwise indicated that he considers the repudiation final. (2) Retraction may be by any m
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Commercial Code - COM - COM § 2612
Commercial Code - COM - COM § 2612
(1) An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent. (2) The buyer may reject any installment which
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Commercial Code - COM - COM § 2613
Commercial Code - COM - COM § 2613
Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a “no arrival, no sale” term (Section 2324) then (a) If t
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Commercial Code - COM - COM § 2614
Commercial Code - COM - COM § 2614
(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available,
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Commercial Code - COM - COM § 2615
Commercial Code - COM - COM § 2615
Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance: (a) Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contr
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Commercial Code - COM - COM § 2616
Commercial Code - COM - COM § 2616
(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of th
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Commercial Code - COM - COM § 2701
Commercial Code - COM - COM § 2701
Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this division.
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Commercial Code - COM - COM § 2702
Commercial Code - COM - COM § 2702
(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this division (Section 2705). (2) Where the seller discovers that the buyer has receiv
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Commercial Code - COM - COM § 2703
Commercial Code - COM - COM § 2703
Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (Section 2612), t
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Commercial Code - COM - COM § 2704
Commercial Code - COM - COM § 2704
(1) An aggrieved seller under the preceding section may (a) Identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control; (b) Treat as the subject of resale goods which have demonstrably been intend
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Commercial Code - COM - COM § 2705
Commercial Code - COM - COM § 2705
(1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (Section 2702) and may stop delivery of carload, truckload, planeload or larger shipments of express or freight when the buyer repudiates or fails
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Commercial Code - COM - COM § 2706
Commercial Code - COM - COM § 2706
(1) Under the conditions stated in Section 2703 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the res
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Commercial Code - COM - COM § 2707
Commercial Code - COM - COM § 2707
(1) A “person in the position of a seller” includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller. (2) A pe
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Commercial Code - COM - COM § 2708
Commercial Code - COM - COM § 2708
(1) Subject to subdivision (2) and to the provisions of this division with respect to proof of market price (Section 2723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unp
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Commercial Code - COM - COM § 2709
Commercial Code - COM - COM § 2709
(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price (a) Of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss h
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Commercial Code - COM - COM § 2710
Commercial Code - COM - COM § 2710
Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyers’ breach, in connection with return or resale of the goods or otherwise r
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Commercial Code - COM - COM § 2711
Commercial Code - COM - COM § 2711
(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (Section 2612), the buyer may cancel and whe
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Commercial Code - COM - COM § 2712
Commercial Code - COM - COM § 2712
(1) After a breach within the preceding section the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller. (2) The buyer may recover from the seller as damage
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Commercial Code - COM - COM § 2713
Commercial Code - COM - COM § 2713
(1) Subject to the provisions of this division with respect to proof of market price (Section 2723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract pr