Article 2 — Sales · Section 2-508
This section of the UCC discusses the seller's right to cure defective tender and its implications on sales contracts.
Source: U.C.C. § 2-508
The seller may, if the time for performance has not yet expired, make a commercially reasonable tender of substitute goods to the buyer. This right to 'cure' allows the seller to correct a defect in the goods sold before performance is due.
UCC § 2-508 allows sellers the opportunity to fix or replace goods that did not conform to the contract terms, as long as they have not yet expired the time for performance. This gives sellers a chance to satisfy their contractual obligations without penalty.
The seller's right to correct a defective tender by providing conforming goods or services.
A standard that requires the seller’s actions to be practical and appropriate under commercial circumstances.
Example 1
A seller delivers a shipment of shoes that are the wrong size but learns that the buyer has not yet used them. The seller can send the correct size shoes to the buyer as a cure.
Example 2
A manufacturer produces 1,000 widgets that do not meet quality specifications. Before the delivery deadline, the manufacturer can choose to rework the defective widgets to meet specifications.