A coach requests 20 red jerseys to be shipped promptly. The supplier accepts the offer on May 15, but on May 16 ships 20 blue jerseys as an accommodation. The coach receives the blue jerseys on May 18 and the acceptance letter on May 19. On May 20, which statement best describes the parties’ rights?

• A. The coach must accept the blue jerseys and pay the contract price.
• B. The coach can only reject the blue jerseys and claim no damages.
• C. The coach can either accept or reject the blue jerseys and recover damages, if any.
• D. The blue jerseys are void and the order is canceled.

Answer: (C)

When a seller ships nonconforming goods as an accommodation, that tender isn’t an automatic acceptance of the original contract. It’s an offer to perform in a different way, and the buyer retains the right to either accept that accommodation or reject it and pursue damages for breach.

Here, the seller sent blue jerseys as an accommodation to the red-jersey order. The coach can:

• accept the blue jerseys and thereby form a new agreement for those goods at the contract price, or

• reject the blue jerseys and recover damages (and seek conformity with the original terms, such as delivery of red jerseys or a remedy).

The fact that the coach sent an acceptance letter does not eliminate the possibility of rejecting the accommodation if the goods don’t meet the contract terms, and damages remain a potential remedy if appropriate. Thus, as of May 20, the correct description is that the coach can either accept or reject the blue jerseys and recover damages, if any.