Q: I need business advice
I sold some merchandise to a business, clothing which I buy from a wholesale manufacturer and then have there business logo imprinted on it from a different company. The order was paritialy filled a over a 8 weeks ago and the customer has received it. The remaining merchandise was on back order with the manufacturor and is scheduled for release to the company putting there logo on it. The customer says its taken to long and wants a full refund even after accepting the merchandise and has given me 5 days to do so. I have already paid for the merchandise and the logo is already put on the half the merchandise and I can no longer send it back now. That was 8 weeks ago. He complained just today that it wasnt done correctly. Do I have any rights because I can afford to repay for merchandise I have already done and paid for and he accept 8 weeks ago with no complaints then.
A: The UCC covers this transaction and there is a strong possibility that the customer has the right to reject, or revoke acceptance of, the entire order. This all hinges on facts that are not apparent. The primary issue is whether the buyer agreed to accept the items in installments or otherwise previously accepted the goods received. For an agreement where there is supposed to be a single delivery the perfect tender rule may apply which would allow the buyer to reject the goods in whole or in part.
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