/yoo see see sek-shun too dash six oh two/·statute
Also known as:UCC 2-602 · 2-602 · manner and effect of rejection
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule in Article 2 of the Uniform Commercial Code that prescribes the manner and effect of a buyer's rejection of goods. Rejection must occur within a reasonable time after delivery or tender and requires seasonable notice to the seller. After a rightful rejection the buyer must hold the goods with reasonable care for a sufficient time to permit removal but incurs no further contractual obligations regarding the goods.
Sources & Authorities
How it applies
Common Examples
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Delayed Inspection Prevents Effective Rejection
Silver Flight received sealed boxes of titanium fasteners on June 1 and placed them in a climate-controlled storeroom. The company performed no inspection for two and a half months. When laboratory testing finally revealed plating defects, Silver Flight attempted to reject the goods. Because the buyer failed to inspect within a reasonable time, the attempted rejection was ineffective and acceptance occurred under the governing standard.
License Terms Enforced After Rejection Dispute
A software buyer purchased a package containing a shrink-wrap license that limited use to a single computer. After installing the software on multiple machines, the buyer attempted to reject the product and demanded a refund. The court held that the buyer's conduct after delivery constituted acceptance, so the rejection was ineffective and the license terms remained binding.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Casebooks
ProCD, Inc. v. Zeidenberg86 F.3d 1447 (7th Cir. 1996)
Common questions
Frequently Asked
4
What must a buyer do to make a rejection effective under UCC § 2-602?+
The buyer must reject within a reasonable time after delivery or tender and must seasonably notify the seller of the rejection. Failure to satisfy either requirement renders the rejection ineffective and may result in acceptance.
Supporting sources
What duties does a buyer owe after a rightful rejection?+
The buyer must hold the goods with reasonable care at the seller's disposition for a time sufficient to permit removal. The buyer may not exercise ownership over the goods. Breach of these limited duties can expose the buyer to damages but does not revive the obligation to pay the contract price.
Supporting sources
Does a rightful rejection under UCC § 2-602 discharge the buyer from paying the contract price?+
Yes. Once goods are rightfully rejected, the buyer has no further obligations with regard to those goods for purposes of liability under the sales contract, including the obligation to pay the price. Limited post-rejection duties under §§ 2-603 and 2-604 do not restore that liability.
Supporting sources
How does the reasonable-care duty after rejection interact with storage conditions?+
The buyer must take steps that a reasonable person would take under the circumstances to protect the goods from foreseeable harm during the retrieval period. Leaving goods in an unsuitable location that causes damage can breach the duty even if the buyer gave timely notice of rejection.
Supporting sources
284 N.Y.S.2d 222Commercial Law
…contends that since there was an improper delivery of goods, the buyer has the right to reject the same under sections 2-601 and 2-602 (subd. [2], par. [c]) of the Uniform Commercial Code. He further contends that, even if the defendant had accepted delivery, he may, under section 2-608 (subd. [1], par. [b]) of the Uniform…