2005 Connecticut Code - Sec. 42a-2-508. Cure by seller of improper tender or delivery; replacement.

      Sec. 42a-2-508. Cure by seller of improper tender or delivery; replacement. (1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.

      (2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.

      (1959, P.A. 133, S. 2-508.)

      Annotations to former statute (1958 Rev., S. 42-22):

      Where goods which are to be delivered to vessel to be sent by vendee are lost, vendor cannot recover for them. 66 C. 551. Loss of goods to be paid for on installment plan will not relieve vendee of obligation as to future payments, even though title is still in vendor. 89 C. 232. Where jus disponendi is retained solely to secure payment of purchase price, risk of loss in transit falls on buyer. 92 C. 425. When bill of lading is to seller's order with draft attached which buyer must pay before he can get goods, and retention of jus disponendi by seller is solely to secure payment, risk of loss is on buyer, who likewise has title, from date of notice of arrival, even though payment is not immediately made. 93 C. 219. Where sale is absolute, risk of loss is on buyer though possession remains in seller. 101 C. 577. Where there is a conditional sale, risk of loss is on buyer if seller retains title solely to secure payment. Id.

      Annotations to present section:

      Automobile dealer did have the right to attempt to cure any defects in automobile, but this opportunity does not last for an indefinite period of time. 172 C. 112, 122. Cited. 189 C. 433, 438, 442. Cited. 218 C. 297, 306.

      Plaintiff "accepted" goods upon purchasing stone from defendant and subsequently resold stone to a client who arranged for its installation; since there was no "rejection" of the goods, defendant did not have a right to cure within meaning of this section. 47 CS 565.

      Cited. 5 Conn. Cir. Ct. 447.

      Subsec. (1):

      Cited. 203 C. 342, 350.