On June 1, a seller receives a buyer’s order for a computer model. On June 2, the seller accepts by promising to ship. On June 3, the seller ships a different model, with a notice of accommodation. On June 5, the buyer receives the acceptance and the different model but not the accommodation notice. Which statement is correct about the parties’ duties?

• A. The buyer can accept or reject the different model and may recover damages for breach.
• B. The buyer must accept the different model and cannot recover damages.
• C. The contract is void due to nonconforming goods.
• D. The buyer must reject the shipment and sue for specific performance.

Answer: (A)

When a seller promises to ship a specific conforming model, tendering a different model is a nonconforming tender and constitutes a breach of the contract for the sale of goods. The buyer is not locked into the deal and retains options: reject the nonconforming tender or accept it and seek damages. The notice labeling the shipment as an accommodation does not magically cure the breach or create a binding substitute contract for the different model unless the buyer accepts that accommodation. Since the goods delivered do not conform to the agreed-upon model, the buyer may reject the shipment and sue for breach, or may accept the nonconforming goods and recover damages (e.g., the difference in value, plus incidental and consequential damages, and potential cover costs if the buyer purchases substitute goods). Specific performance is generally unavailable for ordinary goods, and the contract is not void merely because the goods were nonconforming. So the buyer has the right to either accept or reject the different model and may recover damages for the breach.