Frederick finally complained about the nonconformity of the pads in April of the following year, when Import Traders requested the contract price for the goods. Can Import Traders recover the contract price from Frederick? Why or why not?
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Frederick Manufacturing Corp. ordered 500 dozen units of Import Traders’ rubber pads for $2,580. The order indicated that the pads should be “as soft as possible.” Import Traders delivered the rubber pads to Frederick Manufacturing on November 19. Frederick failed to inspect the goods upon delivery, even though the parties recognized that there might be a problem with the softness. Frederick finally complained about the nonconformity of the pads in April of the following year, when Import Traders requested the contract price for the goods. Can Import Traders recover the contract price from Frederick? Why or why not? |
Explanation
Evidence to support the arguments:
Acceptance has been done by the buyer on the grounds of the contract. The buyer has failed to check the quality of the pads within a reasonable time period from the delivery. Hence, Company I is entitled to recover the contract price, $2850, for the rubber pads from Company F.
If the rubber pads are not soft in quality as per the specification given by Company F, Company I may not be able to recover from Company F.
Sample Response
There may be two scenarios:
Yes, Company I can recover from Company F since Company F has received the goods and has not inspected the pads within a reasonable time period. So, Company I can recover the contract price, $2580, for the rubber pads.
If Company F claimed about the softness or quality of pads, which is a primary specification of the product, Company I is not going to be able to recover from Company F in that case.
