Also known as: non-conforming tender · nonconforming tenders · non-conforming tenders · nonconforming delivery
Written by attorneys · grounded in primary & secondary sources — see below
A tender of goods that deviates from the contract specifications in any respect. Under the perfect tender rule the buyer may reject the whole tender, accept the whole, or accept any commercial unit and reject the rest.
Nordic Ventures contracted to supply Norton Bank with 500 specialized security tokens programmed to a precise encryption standard. Nordic delivered tokens using an older protocol. The same day Nordic notified Norton of its intention to replace the entire lot with conforming tokens within ten days. Norton rejected the initial delivery and refused to allow the replacement.
Nicholas Nunez ordered a specific model of hearing aid from a retailer. The retailer delivered a different model that performed the same functions. The retailer immediately notified Nunez of its intent to substitute the correct model and offered a price allowance. Nunez refused the cure and demanded a refund.
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The seller may cure if it had reasonable grounds to believe the nonconforming tender would be acceptable with or without a money allowance, seasonably notifies the buyer, and substitutes a conforming tender within a further reasonable time.
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Yes. If the tender fails in any respect to conform to the contract the buyer may reject the whole, accept the whole, or accept any commercial unit and reject the rest.
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Rejection must occur within a reasonable time after delivery and the buyer must seasonably notify the seller. Delay beyond a reasonable inspection period renders the rejection ineffective.
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Yes. The perfect tender rule permits rejection whenever the tender fails in any respect to conform, even if the goods retain therapeutic value.
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…Commercial Code which has added a new dimension to the concept of strict performance. This section permits a seller to cure a nonconforming delivery under certain circumstances. Subdivision (1) of this section enacts into statutory law what had been New York case law. This permits a seller to cure a nonconforming delivery before the…