This would be a "non-conforming tender" under, UCC～2-503（1） which "requires that the seller put and hold conforming goodsat the buyers disposition ..." UCC～2-508, however, permits aseller to "cure" such a non-conforming tender.The terms of UCC2-307 would also apply to this transaction. It provides: Delivery insingle lot or several lots.Unless otherwise agreed all goods called forby a contract for sale must be tendered in a single delivery andpayment is due only on such tender but where the circumstancesgive either party the right to make or demand delivery in lots theprice if it can be apportioned may be demanded for each lot.？
The Official Comment to 2 - 307 amplifies the meaning of theabove thusly:In such cases, a partial delivery is not subject torejection for the defect in quantity alone, if the circumstances donot indicate a repudiation or default by the seller as to theexpected balance or do not give the buyer ground for suspending.
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