Under the perfect tender rule in the sale of goods, what may the buyer do if the tendered goods do not conform in any respect?

Under the perfect tender rule in the sale of goods, what may the buyer do if the tendered goods do not conform in any respect?

• A. The buyer may reject the entire shipment if goods fail to conform in any respect.
• B. The buyer must accept nonconforming goods and sue for damages.
• C. The contract is automatically terminated upon nonconformity.
• D. The seller cannot cure after tender.

Answer: (A)

Under the perfect tender rule, the goods delivered must conform to the contract in every respect. If they do not, the buyer has the right to reject the tender. Because the goods are nonconforming in any respect, the buyer may reject the entire shipment. This is the key remedy when tendered goods don’t meet the contract terms. It’s helpful to remember there are related possibilities, like the seller curing a nonconformity within the allowable time or the buyer choosing to accept some conforming portions and reject others, or even revoking acceptance for latent defects. But rejection of the entire shipment is the standard remedy when there is any nonconformity under the perfect tender rule. The other choices aren’t correct because a buyer is not required to accept nonconforming goods, there isn’t automatic termination of the contract upon nonconformity, and the seller can sometimes cure after tender.

Under the perfect tender rule, the goods delivered must conform to the contract in every respect. If they do not, the buyer has the right to reject the tender. Because the goods are nonconforming in any respect, the buyer may reject the entire shipment. This is the key remedy when tendered goods don’t meet the contract terms.

It’s helpful to remember there are related possibilities, like the seller curing a nonconformity within the allowable time or the buyer choosing to accept some conforming portions and reject others, or even revoking acceptance for latent defects. But rejection of the entire shipment is the standard remedy when there is any nonconformity under the perfect tender rule.

The other choices aren’t correct because a buyer is not required to accept nonconforming goods, there isn’t automatic termination of the contract upon nonconformity, and the seller can sometimes cure after tender.