Also known as: cure improper tender · right to cure · seller's right to cure · UCC 2-508 cure
Written by attorneys · grounded in primary & secondary sources — see below
A seller's statutory opportunity to substitute conforming goods after a buyer rejects a nonconforming tender. The opportunity arises when the contract time for performance has not expired or when the seller had reasonable grounds to believe the original tender would be acceptable with or without a price allowance.
Acme Parts shipped circuit boards with incorrect tolerances to Delta Electronics. Delta rejected the shipment. Acme promptly notified Delta of its intent to cure and delivered conforming boards within the remaining contract time. Delta accepted the replacement shipment.
T.W. Oil delivered fuel oil with a sulfur content outside contract specifications to Consolidated Edison. Consolidated Edison rejected the shipment. T.W. Oil promptly notified Consolidated Edison of its intent to cure and offered a conforming replacement within a further reasonable time. Consolidated Edison refused the cure and treated the contract as breached.
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A seller retains the right when the contract time for performance has not expired and the seller seasonably notifies the buyer of intent to cure. The seller may also obtain additional time if it had reasonable grounds to believe the original tender would be acceptable. Both conditions appear in the multiple-choice questions testing UCC cure doctrine.
No. Rejection alone does not extinguish the cure right when time remains under the contract or when the seller possessed reasonable grounds for believing the tender acceptable. The correct answers in the examined questions consistently preserve the seller's opportunity to cure after seasonable notice.
The seller must give seasonable notice of intent to cure and then deliver conforming goods within the original contract time. The model answers and correct options emphasize that prompt notice plus timely conforming tender satisfies the rule and prevents the buyer from canceling.