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Contracts • Performance Under UCC
K#114
Legal Definition
If the buyer has rejected goods because of defects, the seller may cure within the time originally provided for performance by giving reasonable notice of his intention and making a new tender of conforming goods, which the buyer must accept.
Plain English Explanation
Generally speaking, a buyer doesn't have to give a seller the opportunity to cure and fix problems with goods they have delivered. However, if the defects are discovered before the contract's specified due date, then the seller has a right to cure as long as they can fix it before the due date happens.
In other words, a seller has the right to provide the correct goods up until the deadline, which includes the right to a do-over as long as they still meet that deadline. In the end, the buyer still gets the correct goods no later than the contract specified.
In other words, a seller has the right to provide the correct goods up until the deadline, which includes the right to a do-over as long as they still meet that deadline. In the end, the buyer still gets the correct goods no later than the contract specified.
Visual Aids
Related Concepts
How may a buyer revoke acceptance of goods?
What are a buyer's rights to reject goods in an installment contract?
What does the "ability to cure" mean?
What factors limit a buyer's ability to reject goods?
What happens if a seller wishes to cure beyond the time obligated for performance?
What is the buyer's right of inspection?
What is the effect of a buyer accepting goods on his ability to reject them?
What is the perfect tender rule, and what is the consequence of less than perfect tender?
When is the price due in carrier cases, shipment contracts, and destination contracts?
When is the price due in non-carrier cases?
When may the seller demand payment in an installment contract?
