Under the UCC, in what two circumstances does the seller have a right to cure a defective tender? What must the seller do to cure a defective tender?

• A. The time for performance has not yet elapsed; or the seller had reasonable grounds to believe that the buyer would accept despite the nonconformity; the seller must give notice of the intent to cure and make a new tender of conforming goods.
• B. The buyer can always reject and never requires cure.
• C. Only when both parties agree in writing.
• D. Only when the goods are nonconforming.

Answer: (A)

Under the UCC, a seller can cure a defective tender when the contract’s performance time hasn't passed yet or when the seller reasonably believes the buyer would accept the nonconformity. In either scenario, the seller must notify the buyer of the intent to cure and then tender conforming goods as a new delivery. The cure is intended to fix the defect within the performance window, preserving the deal as long as the conforming tender is made timely.