A purchase contract specifies the nature of and quantity of goods or services needed by a buyer. The seller is bound by the agreement to deliver the goods or services requested for an agreed upon consideration. The term non-conforming is relevant when the goods or services delivered are not in alignment with the purchase contract.
Under the Uniform Commercial Code, or UCC, which addresses the sale of goods, a buyer may reject, accept all, or accept some of the goods if a vendor delivers non-conforming goods or services. If the buyer rejects the non-conforming goods in a reasonable time after delivery, the buyer has no liability to pay for the goods rejected.
The question of substantial performance under a contract for services is assessed outside the UCC and looks to other statutes and case law.
As you can most likely imagine, ambiguities in agreements and differences in perception often lead to significant disputes in this area of the law. Chuck Gabriel has experience in the area of non-conforming goods or services litigation and can provide advice and representation if you experience a dispute related to non-conforming goods or services. Contact Chuck to discuss your situation. The Gabriel Law Firm has represented international companies and multi-state corporations as well as businesses and individuals through the metro Atlanta area and the state of Georgia.