Non-Conforming Tender of Goods In Delaware
Six Del. C. 2-102 states, "Unless the context otherwise requires, this Article applies to transactions in goods . . ." "Goods" mean "all things . . . which are movable at the time of identification to the contract for sale . . ." 6 Del. C. 2-105(1).
Six Del. C. 2-204(1) states, "A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such contract."
Six Del. C. 2-508 states:
(1) Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.
(2) Where the buyer rejects a non-conforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.