Also known as: lacks of conformity · lacking conformity · non-conformity · nonconformity
Written by attorneys · grounded in primary & secondary sources — see below
A failure of goods to satisfy the quantity, quality, or description required by the sales contract. The failure triggers buyer remedies including revocation of acceptance when the nonconformity substantially impairs value to the buyer.
Layla Lane purchased industrial compressors from Lotus Pharmaceuticals under a contract specifying exact cooling capacity. She accepted the units on the assumption that any shortfall in performance would be corrected. When Lotus failed to seasonably cure the shortfall, Lane revoked acceptance because the lack of conformity substantially impaired the compressors' value to her operations.
Liam Larson bought specialized software from Liberty Trust after the seller assured him the product contained full security features. Larson accepted the software without discovering the missing features because pre-acceptance inspection was difficult and he reasonably relied on the assurances. Upon later discovery that the lack of conformity substantially impaired value, Larson revoked acceptance.
Select any source to read its text and confirm it supports the definition.
A buyer may revoke acceptance of goods whose nonconformity substantially impairs their value if the buyer accepted on the reasonable assumption that the nonconformity would be cured and it was not seasonably cured, or if the buyer accepted without discovery of the nonconformity because of difficulty of discovery or seller assurances.
Supporting sources
No. Acceptance precludes rejection but does not impair other remedies for nonconformity. The buyer retains the right to pursue damages or revocation of acceptance when the statutory conditions are met.
Supporting sources
Revocation must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in the condition of the goods not caused by their own defects. Notice to the seller is also required.
Supporting sources
…by R.C. 1302.66, which provides, in pertinent part: “(A) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it: “(1) on the reasonable assumption that its non-conformity would be cured and it has not been seasonably cured; “(B)…