April 14 Notes

April 14 Notes - Tender of Delivery requires that the...

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Tender of Delivery requires that the seller/lessor 1) Have and hold conforming goods at the disposal of the buyer/lessee, and 2) Give the buyer/lessee reasonable notice to enable the buyer/lessee to take delivery Unless the parties have agreed otherwise, 1) The seller/lessor must tender the goods for delivery at a reasonable hour. 2) The seller/lessor must keep the goods available for a reasonable period of time for the buyer/lessee to take possession, and 3) The seller/lessor must tender all goods called for by the contract in a single delivery, unless the parties agreed otherwise. Place of Delivery: Noncarrier Contract Where the contract does not designate the place of delivery for the goods, 1) If the buyer/lessee is to pick them up from the sellor/lessor, the place of delivery is the seller’s place of business or residence. Place of Delivery: Shipment Contract Where the contract required or authorizes the seller/lessor to ship the goods by a carrier, the seller/lessor must 1) Deliver the goods to the carrier 2) Make a contract, reasonable given nature of the goods and their value for transport of the goods. Place of Delivery: Destination Contract Where the contract requires the seller/lessor to deliver or arrange for the delivery of the goods to a particular destination, the seller must 1) Tender the goods at a reasonable hour 2) Keep the goods available for a reasonable period of time for the buyer to take possession. 3) Obtain and give the buyer any documents of title necessary. 4) Notify buyer the goods are available for them to take delivery. Perfect Tender Rule- If the goods delivered or the tender of delivery fail in any respect to conform to the terms of the contract, the buyer may 1) Accept the goods
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2) Reject the entire shipment 3) Accept part and reject part. Perfect Tender: Exceptions Agreement of the Parties- The parties can include exceptions in their contract. Right to Cure- When any tender of delivery is rejected because of nonconforming goods, and the time for the performance hasn’t yet expired, the seller can 1) Notify the buyer of the seller’s intention to cure and then 2) Repair, adjust, or replace the nonconforming goods within the time for performance
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This note was uploaded on 04/29/2008 for the course BUS 101 taught by Professor Kelly during the Spring '08 term at Mercyhurst.

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April 14 Notes - Tender of Delivery requires that the...

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