Also known as: seasonably notify · seasonable notice · seasonable notification · timely notice · timely notification
Written by attorneys — see sources below.
Timely communication provided within a reasonable time after the event that triggers the duty to inform the recipient.
Solomon Silver delivered nonconforming widgets to Sentinel Security on May 10 under a contract requiring delivery by May 20. Sentinel rejected the widgets the same day. Solomon immediately notified Sentinel that he would deliver conforming widgets by May 18. The notice allowed Solomon to cure within the remaining contract time.
Sabrina Shah tendered slightly oversized components to Skyline Construction after the contract deadline. Skyline rejected them. Sabrina had previously supplied similar components that Skyline accepted with a price adjustment. She promptly notified Skyline of her intent to substitute conforming components within ten additional days. The notice gave Sabrina a further reasonable period to cure.
Stephen Shaw leased equipment to Starlight Media under a lease requiring conforming delivery by June 1. Starlight rejected the initial tender. Stephen seasonably notified Starlight of his plan to deliver replacement equipment by the lease deadline. The notice preserved Stephen's opportunity to cure before the performance period expired.
The notice must reach the buyer within a reasonable time after rejection so the seller can still perform within the contract period or a further reasonable period. Prompt same-day notice satisfies the requirement when cure remains feasible before the deadline.
Supporting sources
Yes. The seller must have had reasonable grounds to believe the nonconforming tender would be acceptable with or without allowance, then seasonably notify the buyer to gain extra time to cure. Prior course of dealing can support the reasonable-belief finding.
Supporting sources
Rejection is ineffective unless the buyer notifies the seller within a reasonable time after tender or delivery. Extended delay in inspecting and communicating rejection renders the rejection ineffective even if defects exist.
Supporting sources
…a conforming tender” if he had “reasonable grounds to believe” that the nonconforming tender would be accepted and “if he seasonably notifies the buyer” of his intention “to substitute a conforming tender.” (51 N. Y. Jur., Sales, p. 41.) This in effect extends the contract period beyond the date set forth in the contract itself…