Register to get FREE access

Texas law is instructive. UCC § 2.601 states in part: . . . if the goods or tender of delivery fail in any respect to conform to the contract, the buyer may (1) reject the whole . . .This provision has been called the perfect tender rule because it supposedly allows a buyer to reject whenever the goods are less than perfect. This statement is not quite accurate; under section 2.601 the tender must be perfect only in the sense that the proffered goods must conform to the contract in every respect. Conformity does not mean substantial performance; it means complete performance. The long ...