S.D. Codified Laws § 57A-2-508

Cure by seller of improper tender or delivery--Replacement

Known as the Uniform Commercial Code

The act spans §§ 57–57 (574 sections).

Applied in 1 court decision — leading case 103 F. Supp. 2d 1169 - Brookings Municipal Utilities, Inc. v. Amoco Chemical Co. (2000)

Most recently applied in 103 F. Supp. 2d 1169 - Brookings Municipal Utilities, Inc. v. Amoco Chemical Co. (May 2000)

Source: SL 1966, ch 150, § 2-508; SDCL, §§ 57-6-19, 57-6-20.

(1) Where any tender or delivery by the seller is rejected because nonconforming 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.

(2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.