Asked by Braxton Graves on May 12, 2024

verifed

Verified

Westdress,Inc.entered into a contract with Salvo,Inc.to supply them with specified goods by June 15th.Salvo,Inc.shipped the goods,which were delivered to Westdress,Inc.on May 30th.Westdress inspected the goods,found 50% of the goods to be nonconforming to their order,but kept them without notifying the seller of the discrepancy.In the meantime,Salvo,Inc.realized its error and contacted Westdress to replace the goods,but Westdress refused the offer.Discuss the case.

Nonconforming Goods

Goods delivered by a vendor that do not meet the specifications or quality standards agreed upon in a contract.

Specified Goods

Items that are explicitly defined or identified in a transaction or contract.

Contract

An agreement based on mutual promises between two or more competent parties to do or to refrain from doing some particular thing that is neither illegal nor impossible. The agreement results in an obligation or a duty that can be enforced in a court of law.

  • Comprehend the duties and rights of consumers and merchants regarding products that are in accordance with and not in accordance with the stipulated conditions.
  • Familiarize yourself with the notion of warranty and its consequences on the dynamics between buyers and sellers.
verifed

Verified Answer

DP
Daksh PatelMay 14, 2024
Final Answer :
As a seller,Salvo has the right to cure the defect and make a proper tender within the contract time.However,this right does not exist when Westdress accepts the nonconforming goods,even though Westdress can later sue Salvo for breach of contract.In any case,sellers have a duty to notify buyers that they are going to cure the improper tender or delivery,which Salvo,Inc.has already done.The court is likely to allow Salvo an additional amount of time to substitute a conforming tender,since Salvo has reasonable grounds to believe that the goods that were delivered were acceptable.