Rejection

Under the Uniform Commercial Code, “if the goods or tender of delivery fails in any respect to conform to the contract, the buyer may. . . reject the whole. . . or accept any commercial unit or units and reject the rest.”272 Rejection may be justified after testing an “adequate sampling” of the goods; all of the goods need not be tested.273 To be effective, rejection must occur “within a reasonable time” after delivery and the seller must be “seasonably” notified.274

In computer contracts, particularly when custom software is involved, it may be many months after installation before the buyer or licensee determines that the goods are not satisfactory. In such cases, the court is willing to liberally construe the reasonable time requirement.