Legal Question in Business Law in California

Re: Lapel Pins look horrible; refund requested.

The Commercial Code at section 2601 states that, with limited statutory exceptions and subject to exceptions in the contract, a buyer may do any of the following "if the goods or the tender of delivery fail in any respect to conform to the contract...."

(1) Reject the whole; or

(2) Accept the whole; or

(3) Accept any commercial unit or units and reject the rest.

This is sometimes known as the "perfect tender rule" and it is sometimes paraphrased by saying that the goods must conform to the contract or the sample or the buyer has no obligation to accept them.

Section 2602 goes on to discuss the manner and effect of rightful rejection of nonconforming goods; you should look it up as well as 2601, but in general it requires the buyer who wants to reject goods to make a reasonably prompt inspection, notify the seller of the reason for the rejection, and to take certain measures for protection and return of the rejected goods.

The seller also may have a right to cure by replacing the nonconforming goods with conforming goods if that can be done within the delivery time specified in the contract.