Buyer's rights on improper delivery
Known as the Uniform Commercial Code
The act spans §§ 57–57 (574 sections).
Applied in 2 court decisions — leading case Ethan Dairy Products v. Austin (1989)
Most recently applied in Anderson Industries v. Thermal Intelligence (August 2025)
Source: SL 1966, ch 150, § 2-601; SDCL, § 57-7-1.
Subject to the provisions of this chapter on breach in installment contracts (§ 57A-2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (§§ 57A-2-718 and 57A-2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may
(a) Reject the whole; or
(b) Accept the whole; or
(c) Accept any commercial unit or units and reject the rest.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.