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

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

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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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UCC 2 508 Overview

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