US Lawyer Database

Section 2-507 – Effect of Seller’s Tender; Delivery on Condition

    (1)    Tender of delivery is a condition to the buyer’s duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract.     (2)    Where payment is due and demanded on the delivery to the buyer of goods […]

Section 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 […]

Section 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 […]

Section 2-324 – “No Arrival, No Sale” Term

    Under a term “no arrival, no sale” or terms of like meaning, unless otherwise agreed,     (a)    The seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the nonarrival; and     (b)    Where without fault […]

Section 2-325 – “Letter of Credit” Term; “Confirmed Credit”

    (1)    Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.     (2)    The delivery to seller of a proper letter of credit suspends the buyer’s obligation to pay. If the letter of credit is dishonored, the seller may on seasonable notification to the buyer require payment directly […]

Section 2-326 – Sale on Approval and Sale or Return

    (1)    Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is         (a)    A “sale on approval” if the goods are delivered primarily for use, and         (b)    A “sale or return” if the goods are delivered primarily for resale.     (2)    Goods held on approval are not subject to […]

Section 2-327 – Special Incidents of Sale on Approval and Sale or Return

    (1)    Under a sale on approval unless otherwise agreed         (a)    Although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and         (b)    Use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to […]

Section 2-328 – Sale by Auction

    (1)    In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.     (2)    A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance […]

Section 2-402 – Rights of Seller’s Creditors Against Sold Goods

    (1)    Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer’s rights to recover the goods under this title (§§ 2-502 and 2-716).     (2)    A creditor of the seller may treat a sale or […]