Also known as: UCC 2-508 · U.C.C. § 2-508 · U.C.C. 2-508 · cure · seller's right to cure
Written by attorneys — see sources below.
A provision in Article 2 of the Uniform Commercial Code that permits a seller to cure a nonconforming tender of goods if the time for performance has not expired or, under stated conditions, even after expiration.
Universal Motors delivered a vehicle with an incorrect engine to Ugo Uberti. Before the contract deadline, Universal Motors notified Ugo Uberti of the error and tendered a conforming vehicle with the specified engine. The tender cured the defect and prevented rejection.
Umbra Technologies shipped software missing a promised security module to Upland Industries. Umbra Technologies reasonably believed the module was unnecessary and, after the delivery date, promptly supplied the missing module at no cost. The cure satisfied the contract.
Upstream Petroleum delivered fuel with an improper additive to Umeko Uchida. Upon objection, Upstream Petroleum immediately notified Umeko Uchida of its intent to cure and delivered conforming fuel before the performance period ended. The buyer could not reject the goods.
Uriel Urban ordered custom parts from Upland Industries. The initial shipment lacked required specifications. Upland Industries learned of the buyer's needs only after the deadline and offered a conforming replacement. The offer to cure was effective because the seller had reason to believe the original tender would be accepted.
Una Unger purchased machinery from Universal Motors. The first tender contained a defective component. Universal Motors attempted cure but supplied another defective part. Una Unger properly rejected the goods because the cure was unsuccessful.
Unity Underhill contracted for specialized equipment from Umbra Technologies. The delivered unit failed to meet contract tolerances. Umbra Technologies cured by installing the correct components within a reasonable time after notice. The buyer was required to accept the cured tender.
A seller may cure after the contract time expires if the seller had reasonable grounds to believe the original tender would be acceptable and seasonably notifies the buyer of the intent to cure.
No. The section softens the perfect tender rule by giving the seller an opportunity to cure a defective tender before the buyer may reject the goods.
The buyer must accept a conforming cure that satisfies the contract requirements. An unsuccessful or nonconforming cure does not prevent rejection.
…for the open trial method of determining facts. The moving party cannot depend upon allegations in his own pleadings to cure deficient affidavits, nor can his adversary rely upon his own pleadings in lieu or in support of affidavits in opposition to a motion; however, a party can rely on his adversary’s pleadings…