Perfect tender rule

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The perfect tender rule refers to the common law legal right for a buyer of goods to insist upon "perfect tender" by the seller. In a contract for the sale of goods, if the goods fail to conform exactly to the description in the contract (whether as to quality, quantity or manner of delivery) the buyer may reject the goods and rescind the contract. (UCC 2-601.) The buyer does not have an unfettered abiblity to reject tender. The seller is given a reasonable time to cure as long as he notifies the buyer of his desire to cure.

This rule has been retained by the Uniform Commercial Code, ordinarily superseding over claims of substantial performance.


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