Buyer's Right to Demand Cure for Non-Conforming Goods

Plain-language explanation

This article gives a buyer in a sales contract the right to demand that the seller "cure" a defect when the delivered goods do not conform to the contract in terms of type, quality, or quantity. Concretely, the buyer can demand repair of the item, delivery of a substitute item, or delivery of the missing quantity. For example, if a business ordered new equipment but received used equipment, or received fewer units than ordered, this provision lets the buyer demand a fix.

The proviso gives sellers some flexibility: even if the buyer requests one particular method of cure (say, repair), the seller may instead choose a different method (say, replacement) as long as it does not impose an unreasonable burden on the buyer. This means the exact method of cure isn't entirely up to the buyer — sellers have some room to respond in a practical way.

Paragraph 2 carves out an important exception: if the non-conformity is due to a cause attributable to the buyer — for instance, the buyer damaged the goods through improper handling, or gave the seller incorrect specifications — the buyer loses the right to demand cure under this article. In short, this remedy protects buyers against defects caused by the seller's side of the transaction, not defects that the buyer itself brought about.

日本語での解説

Common scenarios

• ▸B2B取引で発注した部品が仕様と異なる品質で納品された場合"
• ▸"小売業者が仕入れた商品の数量が契約より不足していた場合"
• ▸"新品として購入した機械や設備が実際には中古品や不良品だった場合"
• ▸"システム開発で納品物が契約書に記載された機能を満たしていない場合"
• ▸"食品や原材料の輸入取引で規格外の品質のものが届いた場合