Article 2 — Sales · Section 2-612
UCC § 2-612 addresses the right of a buyer to accept or reject goods that are delivered in a non-conforming manner, emphasizing the buyer's rights when the goods deviate from the contract.
Source: U.C.C. § 2-612
A buyer may reject goods that are non-conforming if the defect is material or if there is a substantial impairment of value of the goods to the buyer. A buyer's acceptance of goods does not constitute a waiver of the right to reject later, as long as the defects were not known to the buyer at the time of acceptance.
UCC § 2-612 allows buyers to reject goods that do not meet the contract specifications, especially if such defects are significant. Even if goods are accepted, a buyer retains the right to reject them later if they discover undisclosed defects.
Goods that do not meet the specifications or conditions set forth in the sales contract.
The act of a buyer refusing to accept goods tendered by the seller due to non-conformity.
Example 1
A buyer orders 100 widgets, but receives 90 defective ones; under § 2-612, the buyer can reject them due to material non-conformity.
Example 2
After initially accepting a shipment of electronics, the buyer discovers that several items are defective and can still reject these items, provided the defects were not known at the time of acceptance.