Posted: October 26th, 2022

Sally’s stationery store ordered 250 blue and 250 green

Sally’s stationery store ordered 250 blue and 250 green “Parker” ball point pens from Parker Pen Co. by fax at a cost of $3 per pen and with delivery to be made within 30 days. On the 25th day, ACE Trucking delivered the pens and on inspection, Sally noticed she received 250 red and white and 250 silver and black pens. She also noticed that more than 50% of the pens had long scratches on their outer casings but all of the pens wrote fine. She advised the truck driver that “if I didn’t need the pens so badly for my customers, I would reject the entire shipment!” Six weeks later customers who purchased the pens complained that the pens did not write properly. When Sally had the ink cartridges tested, she learned the ink cartridges were defective. She advised “Parker” of the defective cartridges, the improper color assortment and the long scratches and demanded a new shipment. “Parker” refused but offered to replace all cartridges for free. Sally rejected the offer and advised she would not honor Parker’s invoice and in so far as she was concerned, she was revoking her acceptance. Sally and “Parker” consult you about their respective rights. Discuss fully.

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