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Joc Oil Case

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If a non-conforming shipment arrives and is accepted by the buyer, can the seller offer to “cure” the non-conforming shipment with another shipment? Does Joc Oil have the right to cure under the Uniform Commercial Code (UCC)? On the surface, it would appear that Joc Oil should have the right to cure the shipment. Within the readings, when the oil left the refinery, it was within the specifications required and a certificate was issued to authenticate that fact. Con-Ed accepted the oil and performed their test after having the oil discharged into their tanks. History had shown that Con-Ed had accepted non-conforming oil in the past, usually receiving a price adjustment in the process, which in the case text, Joc Oil had offered. Con-Ed

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