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Deterioration From Casualty Buyer Accepts With Allowance (Type 2)
DETERIORATION FROM CASUALTY BUYER ACCEPTS WITH ALLOWANCE-Type 2
[Date]
[First Name of Recipient] [Last Name of Recipient]
[Company's Name of Recipient]
[Address of Recipient]
[City of Recipient], [State of Recipient]
[Zip Code of Recipient]
Dear [Mr./Mrs.] [Last Name of Recipient]:
Please be advised that the goods identified to contract you sent to me on [Date of receipt], in performance of your obligation under our agreement dated [Date of agreement], sustained a casualty by [Designation of cause] and part of the shipment was destroyed by such casualty. It appears that percent [Percent of shipment]% consisting of [Units destroyed] units was destroyed. The casualty occurred without fault on our part and prior to the time when risk of loss would have been transferred to us.
By virtue of [Citation of local enactment of UCC $ 2-613(b)], I agree to accept the goods that have arrived notwithstanding their nonconformity, provided there is a proper allowance against the price set forth in our sales agreement. Please advise me by return mail what you consider to be a proper and due allowance under the circumstances. If I do not hear from you by [Date to notify by], I shall consider the matter closed and the sales agreement completely avoided pursuant to [Citation of local enactment of UCC $ 2-613(b)] or The exact amount of the allowance shall be determined according to the arbitration provisions of Section of our agreement or I propose that we enter into negotiations no later than [Date of negotiation] to settle on the exact amount of the allowance or as the case may be.
Dated:
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