7-2-508
Section 7-2-508 Cure by seller of improper tender or delivery; replacement. (1) Where any tender
or delivery by the seller is rejected because nonconforming and the time for performance has
not yet expired, the seller may seasonably notify the buyer of his intention to cure and may
then within the contract time make a conforming delivery. (2) Where the buyer rejects a nonconforming
tender which the seller had reasonable grounds to believe would be acceptable with or without
money allowance, the seller may if he seasonably notifies the buyer have a further reasonable
time to substitute a conforming tender. (Acts 1965, No. 549, p. 811.)...
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7-2A-513
Section 7-2A-513 Cure by lessor of improper tender or delivery; replacement. (1) If any tender
or delivery by the lessor or the supplier is rejected because it is nonconforming and the
time for performance has not yet expired, the lessor or the supplier may seasonably notify
the lessee of the lessor's or the supplier's intention to cure and may then make a conforming
delivery within the time provided in the lease contract. (2) If the lessee rejects a nonconforming
tender that the lessor or the supplier had reasonable grounds to believe would be acceptable
with or without money allowance, the lessor or the supplier may have a further reasonable
time to substitute a conforming tender if he or she seasonably notifies the lessee. (Acts
1992, 2nd Ex. Sess., No. 92-700, p. 92, §513.)...
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7-2-503
Section 7-2-503 Manner of seller's tender of delivery. (1) Tender of delivery requires that
the seller put and hold conforming goods at the buyer's disposition and give the buyer any
notification reasonably necessary to enable him to take delivery. The manner, time and place
for tender are determined by the agreement and this article, and in particular: (a) Tender
must be at a reasonable hour, and if it is of goods they must be kept available for the period
reasonably necessary to enable the buyer to take possession; but (b) Unless otherwise agreed
the buyer must furnish facilities reasonably suited to the receipt of the goods. (2) Where
the case is within Section 7-2-504 respecting shipment, tender requires that the seller comply
with its provisions. (3) Where the seller is required to deliver at a particular destination,
tender requires that he comply with subsection (1) and also in any appropriate case tender
documents as described in subsections (4) and (5) of this section. (4)...
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7-2-602
Section 7-2-602 Manner and effect of rightful rejection. (1) Rejection of goods must be within
a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably
notifies the seller. (2) Subject to the provisions of Sections 7-2-603 and 7-2-604 on rejected
goods: (a) After rejection any exercise of ownership by the buyer with respect to any commercial
unit is wrongful as against the seller; and (b) 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 7-2-711), 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 (c) The buyer has no further obligations with regard to goods rightfully
rejected. (3) The seller's rights with respect to goods wrongfully rejected are governed by
the provisions of this article on seller's remedies in...
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7-2-206
Section 7-2-206 Offer and acceptance in formation of contract. (1) Unless otherwise unambiguously
indicated by the language or circumstances: (a) An offer to make a contract shall be construed
as inviting acceptance in any manner and by any medium reasonable in the circumstances; (b)
An order or other offer to buy goods for prompt or current shipment shall be construed as
inviting acceptance either by a prompt promise to ship or by the prompt or current shipment
of conforming or nonconforming goods, but such a shipment of nonconforming goods does not
constitute an acceptance if the seller seasonably notifies the buyer that the shipment is
offered only as an accommodation to the buyer. (2) Where the beginning of a requested performance
is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a
reasonable time may treat the offer as having lapsed before acceptance. (Acts 1965, No. 549,
p. 811.)...
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7-2-510
Section 7-2-510 Effect of breach on risk of loss. (1) Where a tender or delivery of goods so
fails to conform to the contract as to give a right of rejection the risk of their loss remains
on the seller until cure or acceptance. (2) Where the buyer rightfully revokes acceptance
he may to the extent of any deficiency in his effective insurance coverage treat the risk
of loss as having rested on the seller from the beginning. (3) Where the buyer as to conforming
goods already identified to the contract for sale repudiates or is otherwise in breach before
risk of their loss has passed to him, the seller may to the extent of any deficiency in his
effective insurance coverage treat the risk of loss as resting on the buyer for a commercially
reasonable time. (Acts 1965, No. 549, p. 811.)...
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7-2-709
Section 7-2-709 Action for the price. (1) When the buyer fails to pay the price as it becomes
due the seller may recover, together with any incidental damages under Section 7-2-710, the
price: (a) Of goods accepted or of conforming goods lost or damaged within a commercially
reasonable time after risk of their loss has passed to the buyer; and (b) Of goods identified
to the contract if the seller is unable after reasonable effort to resell them at a reasonable
price or the circumstances reasonably indicate that such effort will be unavailing. (2) Where
the seller sues for the price he must hold for the buyer any goods which have been identified
to the contract and are still in his control except that if resale becomes possible he may
resell them at any time prior to the collection of the judgment. The net proceeds of any such
resale must be credited to the buyer and payment of the judgment entitles him to any goods
not resold. (3) After the buyer has wrongfully rejected or revoked...
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7-2-607
Section 7-2-607 Effect of acceptance; notice of breach; burden of establishing breach after
acceptance; notice of claim or litigation to person answerable over. (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 assumption that the nonconformity
would be seasonably cured, but acceptance does not of itself impair any other remedy provided
by this article for nonconformity. (3) Where a tender has been accepted: (a) The buyer must
within a reasonable time after he discovers or should have discovered any breach notify the
seller of breach or be barred from any remedy; and (b) If the claim is one for infringement
or the like (subsection (3) of Section 7-2-312) and the buyer is sued as a result of such
a breach, he must so notify the seller within a reasonable time after he...
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7-2-608
Section 7-2-608 Revocation of acceptance in whole or in part. (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 discovery of such nonconformity
if his acceptance was reasonably induced either by the difficulty of discovery before acceptance
or by the seller's assurances. (2) Revocation of acceptance must occur within a reasonable
time after the buyer discovers or should have discovered the ground for it and before any
substantial change in condition of the goods which is not caused by their own defects. It
is not effective until the buyer notifies the seller of it. (3) A buyer who so revokes has
the same rights and duties with regard to the goods involved as if he had rejected them. (Acts
1965, No. 549, p. 811.)...
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7-2-319
Section 7-2-319 F.O.B. and F.A.S. terms. (1) Unless otherwise agreed the term F.O.B. (which
means "free on board") at a named place, even though used only in connection with
the stated price, is a delivery term under which: (a) When the term is F.O.B. the place of
shipment, the seller must at that place ship the goods in the manner provided in this article
(Section 7-2-504) and bear the expense and risk of putting them into the possession of the
carrier; or (b) When the term is F.O.B. the place of destination, the seller must at his own
expense and risk transport the goods to that place and there tender delivery of them in the
manner provided in this article (Section 7-2-503); (c) When under either (a) or (b) the term
is also F.O.B. vessel, car or other vehicle, the seller must in addition at his own expense
and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel
and in an appropriate case the seller must comply with the provisions of this article...
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