Warranties
2-313 Express Warranties
1. affirmation of a fact or promise
2. related to the goods
3. the warranty is the basis of the bargain
what happens if you guess wrong on an anticipatory repudiation?
you breach
2- 601 Perfect Tender Rule
The buyer has the power to reject goods that do not conform with the contract within a reasonable time
2-314 Merchantability
the seller is a merchant and the thing will do what most people expect it to do
contract modifications
2- 606 Acceptance
1. Signifies Acceptance
2. Deemed to accept if you do not reject within a reasonable time
- the time is usually how long it would take you to reject the goods
3. act with the goods in a manner inconsistent with nonperformance
2-315 Fitness for a Particular Purpose
2. the seller reccomends a certain product or good
3. the buyer relies on the seller's recomendations
2-609 Anticipatory Breach
1. Definite and unequivocal statement
2. The perofmance that the party said they were not going to get has to substantially impair the value of the contract
2 - 508 Cure
1. Absolute: if the seller delivers before the performance is due, the seller has an abolsute right to cure an nonconformities
2. Conditional: if the seller has reason to believe the buyer would take the nonconforming goods
2-316 Disclaimer Warranty
1. the buyer takes the entire risk as to the quality of the goods
2. if you have an opportunity to inspect the goods and didn't find a problem, there is no warranty
2-610 Right to Adequate Assurance of Performance
1. The party has a reasonable basis for insecutiry about the other party's performance
2. The party provides a written demand for assurance of future performance
3. The party can suspend performance
4. if there is no response within 30 days, it is an anticipatory breach
2 - 608 Revocation of Acceptance
1. Non Conformity in the goods
2. the nonconformity substantailly impairs the value of the contract
3. excuse
- seller agreed to fix
- latent nonconformity
- assurances by seller
4. the power of revocation is exercised before there is a substantila change in the value of the goods