Home Blog UCC 2 508 (Explained: Cure By Seller of Improper Tender)

UCC 2 508 (Explained: Cure By Seller of Improper Tender)

Looking for UCC 2 508?

Can a seller cure a non-conforming tender or delivery of goods?

What are the essential elements you should know!

Keep reading as I have gathered exactly the information that you need!

Let me explain provision 2 508 of UCC!

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What Is UCC 2 508

UCC 2 508 refers to Section 2 508 of the Uniform Commercial Code titled “Cure by Seller of Improper Tender or Delivery; Replacement”.

Further to this provision, in the event a buyer rejects the delivery of goods, the seller will have the right to notify his or her intention to cure the non-conforming delivery and make a conforming delivery within the remaining contractual timeline.

Alternatively, the seller may be entitled to further reasonable time to replace goods.

UCC 2 508 Overview

§ 2-508 UCC provides the seller to either cure an improper tender or delivery, or replace the goods.

UCC 2 508(1): Curing of Non-Conformity

In essence, Section 2-508(1) UCC allows the seller to seasonably notify the buyer of his or her intention to cure the non-conforming tender or delivery of goods within the remaining contractual timeline.

UCC 2 508(2): Substitute Delivery

Alternatively, under Section 2-508(2) UCC, if a buyer rejects a tender that the seller reasonably believed the buyer would accept, the seller will have further reasonable time to substitute the goods provided he or she notifies the buyer of its intention.

UCC 2-508 Takeaways 

So there you have it folks!

Can a seller cure a non-conforming tender or delivery of goods?

Section 2 508 UCC allows a seller to cure the non-conformity of the tender or have the right to replace the goods.

In essence, Section 2 508(1) allows a seller to make a conforming delivery, should the buyer reject the delivery, if the time for the performance of the contract has not yet expired by giving the buyer a seasonable notification.

Section 2 508(2) is intended to protect a possible injustice if the buyer rejects a delivery the seller had reasonable grounds to believe to be conforming.

In other words, the seller will be entitled to seasonably notify the buyer that it will substitute the tender by having a reasonable time to do so.

If you are involved in a contract subject to the rules of UCC or need to assess your legal rights and obligations, you should consult a contract attorney or trial attorney for qualified advice.

Good luck!

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Now, let’s look at a summary of our findings.

UCC 2 508 Overview

  • UCC 2 508 is a provision of the Uniform Commercial Code providing the right to a seller of goods to cure an improper tender or delivery of goods or have the right to replace them
  • When a tender or delivery is rejected by a buyer and where there’s enough time remaining in the contract, the seller may notify the buyer of its intention to cure the non-conforming delivery (UCC 2 508(1))
  • When a buyer rejects a delivery that the seller had reasonable grounds to be conforming, the seller has the right to give notice to the buyer and be entitled to further reasonable time to substitute the tender 
Acceptance of goods 
Anticipatory repudiation 
Breach of contract 
Breach of warranty
Civil lawsuit
Conforming goods 
Contract language 
Contract lawyer 
Express warranty
Failure to comply 
Implied warranty 
Installment contract 
Notice of breach 
Non-conforming goods 
Perfect tender rule
Revocation of acceptance 
Rightful rejection 
Substantial performance 
Tender of delivery 
UCC 2-204
UCC 2-511
UCC 2 313
UCC 2 601
UCC 2 602 
UCC 2 606
UCC 2 607
UCC 2 608
UCC 2 609
UCC 2 612
Author
Adhesion contract
Aleatory contract
Bilateral contract
Contractual impossibility 
Contractual impracticability 
Compensatory damages 
Delivery contract 
Divisible contract 
Executory contract 
Express contract 
Implied contract
Indemnification clause 
Force majeure clause
Frustration of purpose 
Hardship clause 
Hell or high water clause 
Injunctive relief 
Letters of credit 
Lost volume seller 
Mutual assent 
Novation 
Shipment contract 
Substantial risk 
Unilateral contracts 
Unclean hands 
Unconscionable contract
Author
Editorial Staff
Hello Nation! I'm a lawyer by trade and an entrepreneur by spirit. I specialize in law, business, marketing, and technology (and love it!). I'm an expert SEO and content marketer where I deeply enjoy writing content in highly competitive fields. On this blog, I share my experiences, knowledge, and provide you with golden nuggets of useful information. Enjoy!

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