Option to Cure

Under Article 2 of the Uniform Commercial Code, when a buyer rejects a seller's tender of goods because it is not a perfect tender, the seller may have an option to cure if the time for performance has not expired. For example, if the seller did not have a perfect tender of a delivery of goods sent to a buyer, such as sending less of a certain item than the buyer requested, if it is prior to a date set by the parties that was to be the latest date for delivery, the seller will have an opportunity to remedy the error. If the seller uses the option to cure and remedies the error, he or she cannot be held liable for breaching the contract.

 

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