reglab/housing_qa huggingface dataset:
13 PA Cons Stat § 2509 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 25 - Performance|Section 2509 - Risk of loss in absence of breach

§ 2509. Risk of loss in absence of breach.  (a) Seller to ship by carrier.--Where the contract requires or authorizes the seller to ship the goods by carrier:  (1) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (section 2505); but  (2) if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.  (b) Goods held by bailee.--Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer:  (1) on his receipt, possession or control of a negotiable document of title covering the goods;  (2) on acknowledgment by the bailee of the right of the buyer to possession of the goods; or  (3) after his receipt, possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in section 2503(d)(2) (relating to manner of tender of delivery by seller).  (c) All other cases.--In any case not within subsection (a) or (b), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise on tender of delivery.  (d) Limitations on operation of section.--The provisions of this section are subject to contrary agreement of the parties and to the provisions of this division on sale on approval (section 2327) and on effect of breach on risk of loss (section 2510). (Apr. 16, 2008, P.L.57, No.13, eff. 60 days)  2008 Amendment. Act 13 amended subsec. (b)(1) and (3).
13 PA Cons Stat § 2510 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 25 - Performance|Section 2510 - Effect of breach on risk of loss

§ 2510. Effect of breach on risk of loss.  (a) Tender of nonconforming goods.--Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance.  (b) Revocation of acceptance by buyer.--Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning.  (c) Repudiation or breach by buyer.--Where the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time.  Cross References. Section 2510 is referred to in section 2509 of this title.
13 PA Cons Stat § 2511 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 25 - Performance|Section 2511 - Tender of payment by buyer; payment by check

§ 2511. Tender of payment by buyer; payment by check.  (a) Tender of payment condition to delivery.--Unless otherwise agreed tender of payment is a condition to the duty of the seller to tender and complete any delivery.  (b) Manner of tender of payment.--Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.  (c) Payment by check.--Subject to the provisions of this title on the effect of an instrument on an obligation (section 3310), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment. (July 9, 1992, P.L.507, No.97, eff. one year)  1992 Amendment. Act 97 amended subsec. (c).
13 PA Cons Stat § 2512 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 25 - Performance|Section 2512 - Payment by buyer before inspection

§ 2512. Payment by buyer before inspection.  (a) General rule.--Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless:  (1) the nonconformity appears without inspection; or  (2) despite tender of the required documents the circumstances would justify injunction against honor under this title, including section 5109(b) (relating to conditions for injunction).  (b) Effect of payment on rights of buyer.--Payment pursuant to subsection (a) does not constitute an acceptance of goods or impair the right of the buyer to inspect or any of his remedies. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001)  2001 Amendment. Act 18 amended subsec. (a)(2).
13 PA Cons Stat § 2513 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 25 - Performance|Section 2513 - Right of buyer to inspection of goods

§ 2513. Right of buyer to inspection of goods.  (a) General rule.--Unless otherwise agreed and subject to subsection (c), where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival.  (b) Expenses of inspection.--Expenses of inspection must be borne by the buyer but may be recovered from the seller if the goods do not conform and are rejected.  (c) Limitation on right of inspection prior to payment.-- Unless otherwise agreed and subject to the provisions of this division on C.I.F. contracts (section 2321(3)), the buyer is not entitled to inspect the goods before payment of the price when the contract provides:  (1) for delivery "C.O.D." or on other like terms; or  (2) for payment against documents of title, except where such payment is due only after the goods are to become available for inspection.  (d) Agreement as to place and method of inspection.--A place or method of inspection fixed by the parties is presumed to be exclusive but unless otherwise expressly agreed it does not postpone identification or shift the place for delivery or for passing the risk of loss. If compliance becomes impossible, inspection shall be as provided in this section unless the place or method fixed was clearly intended as an indispensable condition failure of which avoids the contract.  Cross References. Section 2513 is referred to in section 2310 of this title.
13 PA Cons Stat § 2514 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 25 - Performance|Section 2514 - When documents deliverable on acceptance; when on payment

§ 2514. When documents deliverable on acceptance; when on  payment. Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise only on payment.
13 PA Cons Stat § 2515 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 25 - Performance|Section 2515 - Preserving evidence of goods in dispute

§ 2515. Preserving evidence of goods in dispute. In furtherance of the adjustment of any claim or dispute:  (1) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other; and  (2) the parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.
13 PA Cons Stat § 2601 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2601 - Rights of buyer on improper delivery

§ 2601. Rights of buyer on improper delivery.  Subject to the provisions of this division on breach in installment contracts (section 2612) and unless otherwise agreed under the sections on contractual limitations of remedy (sections 2718 and 2719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may: (1) reject the whole; (2) accept the whole; or (3) accept any commercial unit or units and reject the rest.
13 PA Cons Stat § 2602 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2602 - Manner and effect of rightful rejection

§ 2602. Manner and effect of rightful rejection.  (a) Time and notice of rejection.--Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.  (b) Duties of buyer after rightful rejection.--Subject to the provisions of sections 2603 (relating to duties of merchant buyer as to rightfully rejected goods) and 2604 (relating to options of buyer as to salvage of rightfully rejected goods):  (1) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and  (2) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this division (section 2711(c) (relating to security interest of buyer in rejected goods)), he is under a duty after rejection to hold them with reasonable care at the disposition of the seller for a time sufficient to permit the seller to remove them; but  (3) the buyer has no further obligations with regard to goods rightfully rejected.  (c) Rights of seller after wrongful rejection.--The rights of the seller with respect to goods wrongfully rejected are governed by the provisions of this division on remedies of seller in general (section 2703).  Cross References. Section 2602 is referred to in section 2606 of this title.
13 PA Cons Stat § 2603 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2603 - Duties of merchant buyer as to rightfully rejected goods

§ 2603. Duties of merchant buyer as to rightfully rejected  goods.  (a) General rule.--Subject to any security interest in the buyer (section 2711(c)), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the account of the seller if they are perishable or threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.  (b) Reimbursement for expenses and commission.--When the buyer sells goods under subsection (a), he is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding 10% on the gross proceeds.  (c) Good faith conduct.--In complying with this section the buyer is held only to good faith and good faith conduct under this section is neither acceptance nor conversion nor the basis of an action for damages.  Cross References. Section 2603 is referred to in sections 2602, 2604 of this title.
13 PA Cons Stat § 2604 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2604 - Options of buyer as to salvage of rightfully rejected goods

§ 2604. Options of buyer as to salvage of rightfully rejected  goods. Subject to the provisions on perishables in section 2603 (relating to duties of merchant buyer as to rightfully rejected goods) if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the account of the seller or reship them to him or resell them for the account of the seller with reimbursement as provided in section 2603. Such action is not acceptance or conversion.  Cross References. Section 2604 is referred to in section 2602 of this title.
13 PA Cons Stat § 2605 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2605 - Waiver of objections of buyer by failure to particularize

§ 2605. Waiver of objections of buyer by failure to  particularize.  (a) General rule.--The failure of the buyer to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach:  (1) where the seller could have cured it if stated seasonably; or  (2) between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.  (b) Payment against defective documents.--Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents. (Apr. 16, 2008, P.L.57, No.13, eff. 60 days)  2008 Amendment. Act 13 amended subsec. (b).
13 PA Cons Stat § 2606 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2606 - What constitutes acceptance of goods

§ 2606. What constitutes acceptance of goods.  (a) General rule.--Acceptance of goods occurs when the buyer:  (1) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity;  (2) fails to make an effective rejection (section 2602(a)), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or  (3) does any act inconsistent with the ownership of the seller; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.  (b) Part of commercial unit.--Acceptance of a part of any commercial unit is acceptance of that entire unit.  Cross References. Section 2606 is referred to in sections 2103, 2201 of this title.
13 PA Cons Stat § 2607 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over

§ 2607. Effect of acceptance; notice of breach; burden of  establishing breach after acceptance; notice of claim  or litigation to person answerable over.  (a) Payment for accepted goods.--The buyer must pay at the contract rate for any goods accepted.  (b) Effect of acceptance on remedies for breach.--Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this division for nonconformity.  (c) Notice of breach.--Where a tender has been accepted:  (1) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and  (2) if the claim is one for infringement or the like  (section 2312(c)) and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation.  (d) Burden of establishing breach.--The burden is on the buyer to establish any breach with respect to the goods accepted.  (e) Notice of litigation to person answerable over.--Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over:  (1) He may give his seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound.  (2) If the claim is one for infringement or the like  (section 2312(c)), the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred.  (f) Obligation of buyer to hold seller harmless.--The provisions of subsections (c), (d) and (e) apply to any obligation of a buyer to hold the seller harmless against infringement or the like (section 2312(c) (relating to warranty of merchant regularly dealing in goods)).  Cross References. Section 2607 is referred to in section 2714 of this title.
13 PA Cons Stat § 2608 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2608 - Revocation of acceptance in whole or in part

§ 2608. Revocation of acceptance in whole or in part.  (a) Grounds for revocation.--The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it:  (1) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or  (2) without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the assurances of the seller.  (b) Time and notice of revocation.--Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.  (c) Rights and duties of revoking buyer.--A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.
13 PA Cons Stat § 2609 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2609 - Right to adequate assurance of performance

§ 2609. Right to adequate assurance of performance.  (a) General rule.--A contract for sale imposes an obligation on each party that the expectation of the other of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.  (b) Reasonableness and adequacy between merchants.--Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.  (c) Effect of acceptance of improper delivery or payment.-- Acceptance of any improper delivery or payment does not prejudice the right of the aggrieved party to demand adequate assurance of future performance.  (d) Effect of failure to provide assurance.--After receipt of a justified demand failure to provide within a reasonable time not exceeding 30 days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.  Cross References. Section 2609 is referred to in sections 2210, 2611 of this title.
13 PA Cons Stat § 2610 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2610 - Anticipatory repudiation

§ 2610. Anticipatory repudiation. When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may:  (1) for a commercially reasonable time await performance by the repudiating party; or  (2) resort to any remedy for breach (section 2703 or 2711), even though he has notified the repudiating party that he would await performance by the latter and has urged retraction; and  (3) in either case suspend his own performance or proceed in accordance with the provisions of this division on the right of the seller to identify goods to the contract notwithstanding breach or to salvage unfinished goods  (section 2704).  Cross References. Section 2610 is referred to in section 2709 of this title.
13 PA Cons Stat § 2611 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2611 - Retraction of anticipatory repudiation

§ 2611. Retraction of anticipatory repudiation.  (a) When allowable.--Until the next performance is due by the repudiating party he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.  (b) Method.--Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this division (section 2609).  (c) Effect on contract rights.--Retraction reinstates the rights of the repudiating party under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
13 PA Cons Stat § 2612 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 13 - COMMERCIAL CODE|Chapter 26 - Breach, Repudiation and Excuse|Section 2612 - "Installment contract"; breach

§ 2612. "Installment contract"; breach.  (a) Definition of "installment contract".--An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.  (b) Right to reject nonconforming installment.--The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (c) and the seller gives adequate assurance of its cure the buyer must accept that installment.  (c) Breach.--Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.  Cross References. Section 2612 is referred to in sections 2103, 2601, 2616, 2703, 2711 of this title.