The reason being is because Joc Oil acted in good faith by immediately taking action and reducing the price and they tried to do right by the buyer by offering to replace the product to meet Con Ed’s needs. I also thing that a sulfur test should have been performed by an independent company prior to the signing of any agreement and the sulfur should not have been delivered without a final test to ensure the quality of the sulfur to meet the standard of their client Con Ed. The Italian company that sold to Joc Oil should have also been held responsible in some fashion as in a separate case as well. In addition, based on the Uniform Commercial Code Law § 2-508(2) – Cure by Seller of Improper Tender or Delivery; Replacement – which states that in part one, “Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery (.law.cornell.edu/ucc/2/2-508). Con Ed had time to accept the cure of nonconforming delivery. It appears they just did not want to continue business with Joc
The reason being is because Joc Oil acted in good faith by immediately taking action and reducing the price and they tried to do right by the buyer by offering to replace the product to meet Con Ed’s needs. I also thing that a sulfur test should have been performed by an independent company prior to the signing of any agreement and the sulfur should not have been delivered without a final test to ensure the quality of the sulfur to meet the standard of their client Con Ed. The Italian company that sold to Joc Oil should have also been held responsible in some fashion as in a separate case as well. In addition, based on the Uniform Commercial Code Law § 2-508(2) – Cure by Seller of Improper Tender or Delivery; Replacement – which states that in part one, “Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery (.law.cornell.edu/ucc/2/2-508). Con Ed had time to accept the cure of nonconforming delivery. It appears they just did not want to continue business with Joc