Also known as: seasonably cure · seasonable cure · seasonably cures · timely cured · timely cure
Written by attorneys · grounded in primary & secondary sources — see below
A remedy of a nonconformity in accepted goods that occurs within a reasonable time under the circumstances. The timing accounts for the nature of the goods, any promised deadlines, and commercial standards. Failure to achieve such a cure permits revocation of acceptance when the buyer relied on the assumption that cure would occur.
National Restaurant accepted commercial ovens from Gate Catering after the seller promised a full software update within two weeks to fix uneven heating. Gate Catering postponed the update repeatedly and supplied only a partial patch over three months. National Restaurant then revoked acceptance because the promised cure never materialized within a commercially reasonable period.
Black Cargo accepted base-level GPS units from Dawn Lines after the seller promised upgraded units in phased shipments over six weeks. Eight weeks passed with no upgrades and no further communication from the seller. Black Cargo revoked acceptance because the anticipated cure had not occurred within a reasonable time.
Select any source to read its text and confirm it supports the definition.
A cure qualifies as seasonable when it occurs within a reasonable time given the goods' complexity, any specific timelines the seller promised, and prevailing commercial standards. Courts measure the period from the buyer's acceptance or the discovery that cure is needed. Partial or delayed efforts that never fully resolve the nonconformity do not satisfy the requirement.
Supporting sources
No. Continued use while reasonably awaiting an expressly promised cure does not forfeit the right to revoke when the cure ultimately fails. The key inquiry remains whether the seller provided a seasonable cure, not the duration of interim use necessitated by business needs.
Supporting sources
A specific promise creates a benchmark that courts use to evaluate whether cure occurred seasonably. Missing an explicit short deadline by a wide margin, even with later partial efforts, typically shows the cure was not seasonable. The buyer's reliance on the promise supports the reasonableness of waiting for performance.
Supporting sources
…to him if he has accepted it: “(1) on the reasonable assumption that its non-conformity would be cured and it has not been seasonably cured; “(B) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in…