US Lawyer Database

Section 2-712 – “Cover”; Buyer’s Procurement of Substitute Goods

    (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 damages the difference between the cost of cover and the […]

Section 2-613 – Casualty to Identified Goods

    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 (§ 2-324) then     (a)    If the loss is total the contract […]

Section 2-614 – Substituted Performance

    (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, such substitute performance must be tendered and accepted.     (2)    If the agreed means or manner of payment […]

Section 2-515 – Preserving Evidence of Goods in Dispute

    In furtherance of the adjustment of any claim or dispute         (a)    Either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other; and […]

Section 2-601 – Buyer’s Rights on Improper Delivery

    Subject to the provisions of this title on breach in installment contracts (§ 2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (§§ 2-718 and 2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may         (a)    Reject the whole; or         (b)    Accept […]

Section 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 the two following sections on rejected goods (§§ 2-603 and 2-604).         (a)    After rejection any exercise of ownership by the buyer with respect to any commercial unit […]

Section 2-603 – Merchant Buyer’s Duties as to Rightfully Rejected Goods

    (1)    Subject to any security interest in the buyer (subsection (3) of § 2-711), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect […]

Section 2-604 – Buyer’s Options as to Salvage of Rightfully Rejected Goods

    Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller’s account or reship them to him or resell them for the seller’s account with reimbursement as provided in the preceding […]

Section 2-504 – Shipment by Seller

    Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must     (a)    Put the goods in the possession of such a carrier and make such a contract for their transportation as may be […]