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Commercial Law: The Perfect Tender Rule
Under California Commercial Code section 2-601 (the Perfect Tender Rule), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may
(a) Reject the whole; or (b) Accept the whole; or (c) Accept any commercial unit or units and reject the rest.
The above referenced rule does not necessarily waive your breach of contract rights under UCC 2-718 or 2-719.
Moreover, under California Commercial Code 2-602. (1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.
If you have a claim or an action for breach of sale of goods (commercial goods) under the UCC, the attorney in our Newport Beach office may be able to assist you with the legal remedies available under california law.
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