Seller delivered nonconforming goods to a merchant Buyer, which nonconformity Buyer discovered upon inspection. Buyer rejected the goods; before Seller could pick them up they were damaged through no fault of Buyer. Buyer necessarily bears the loss.

Question

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Under the Uniform Commercial Code (UCC), if a buyer rightfully rejects nonconforming goods, the risk of loss remains with the seller until the seller cures the defect or the buyer accepts the goods.

Seller Delivered Nonconforming Goods to a Merchant Buyer, Which Nonconformity