Should you accept delivery of goods that differ from what you ordered?
Cannabis Extracts Company ("CEC") has a big order for "Trainwreck" strain cannabis extract. CEC places an order for 2000 lbs of Trainwreck cannabis flower tested at 22% THC, from Cannabis Flower Company ("CFC").
￼CFC ships "non-confirming" goods, delivering only 1000 lbs of Trainwreck flower (tested at 22% THC) and 1000 lbs of Pineapple Kush (tested at 12% THC).
If CFC needs the 2000 lbs to make the delivery to their customer in time, should CEC accept the shipment? Would they have better legal remedies available to them after before or after they accept the shipment?
Cannabis Extracts Company ("CEC") would likely be better off rejecting the non-conforming delivery, and getting their 2000 lbs of Trainwreck from somewhere else.