Printable Format84-2-601. Buyer's rights on improper delivery. Subject to the provisions of this article on breach in installment contracts (section 84-2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (sections 84-2-718 and 84-2-719), 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.
History: L. 1965, ch. 564, § 81; January 1, 1966.
KANSAS COMMENT, 1996
1. This section permits a buyer to reject goods that "fail in any respect to conform to the contract." Substantial performance of the contract is not enough. Other sections of Article 2 subject the perfect tender rule of this section to a number of exceptions, however. The seller has the right to cure (84-2-508). The buyer's rejection must be in good faith (84-1- 203). The parties may modify the requirement of perfect tender by express contract language, or by course of performance (84-2-208), course of dealing, or trade usage (84-1-205). In addition, Article 2 does away with the perfect tender rule in installment contracts (84-2-612), when the buyer seeks to revoke acceptance (84-2-608), and for failure to make a proper shipment contract (84-2-504).
2. If the goods are conforming, the buyer has a duty to accept the goods. If the goods are nonconforming, under paragraphs (a), (b), and (c) the buyer may reject or accept the whole shipment or accept any commercial unit or units and reject the rest. A commercial unit is "such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use." 84- 2-105(6). For the rights and duties of a buyer that accepts nonconforming goods, see 84-2-607.
Law Review and Bar Journal References:
Goods can be rejected upon the seller's non-conforming tender or delivery, Keith Hey, 7 W.L.J. 35, 36 (1967).
"Beefing Up Product Warranties: A New Dimension In Consumer Protection," Barkley Clark, Michael J. Davis, 23 K.L.R. 567, 574, (1975).
"The Buyer's Right to Return Unsatisfactory Goods—The Uniform Commercial Code Remedies of Rejection and Revocation of Acceptance," George I. Wallach, 20 W.L.J. 20 (1980).
CASE ANNOTATIONS
1. Buyer accepted goods; defendant not authorized to cure or substitute for nonconforming defects; remedies of buyer. Linscott v. Smith, 3 Kan. App. 2d 1, 4, 587 P.2d 1271.