Question
BBS LLC sells electronics components wholesale to various retailers via its website. An order is placed by a retailer, 2Phones, Inc., for BBS LLC to
BBS LLC sells electronics components wholesale to various retailers via its website. An order is placed by a retailer, 2Phones, Inc., for BBS LLC to deliver regular shipments of various types of smart phone screens that 2Phones will use in its repair services division for customers who purchased a screen replacement plan from 2Phones. The order required that BBS LLC deliver a total of 1,000 replacement screens for iPhones, Androids, and Samsung Galaxy model smart phones on a weekly basis to 2Phones for a year.
After receiving and confirming the order, BBS LLC began regular shipments of the replacement screens, however, there were some issues with the deliveries. The third shipment of replacement screens was lost in transit and was not received by 2Phones. In addition, the fourth shipment did not contain any Android screens and the eighth shipment was delayed and did not get to 2Phones until week 11.
Using the UCC's perfect tender rule, discuss whether 2Phones may reject any of the shipments and whether BBS LLC has breached its agreement with 2Phones. Be sure to use the applicable UCC section's language in your answer.
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