Legal Question in Business Law in California

Re: Goods shipped in excess of what was ordered

In reply to your inquiry, let me offer the following:

I took a brief look through Article 2 of the Commercial

Code which governs sales of goods. Delivery of goods

is an aspect of performance of the contract, and the

seller is required to tender a delivery consistent with

the terms of the contract. Interestingly, the Code sections

I reviewed are silent on the issue of delivery in excess

of the contract requirements. I believe there's some

old case law I might be able to locate on this issue, and

will be happy to look if you'd like.

In general though, since the delivery would be considered

"non-conforming" the buyer has an obligation to notify

the seller of that fact in a reasonable amount of time.

From my perspective, "reasonable" means as soon as

reasonably possible. My suggestion would be to send

a Fax, followed by registered mail alerting the

seller that too many items were shipped, telling the seller

you do not accept the excess goods and that the seller

should contact you regarding the mechanics of return.

You can also let the seller know that return should be

at the seller's cost.

If, however, you want the additional inventory, why not

offer to pay for them and save some time and trouble?

Feel free to let me know if you have questions or

comments. Now, let me give the "de rigeur" caveat:

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts and documents, nor can

provision of such information be construed as

creating an attorney-client relationship.

Re: Goods shipped in excess of what was ordered

the seller has the right to have the goods returned at the seller's expense.