Legislation
SECTION 2-607
Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerabl...
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 6
Section 2--607. Effect of Acceptance; Notice of Breach; Burden of
Establishing Breach After Acceptance; Notice of Claim
or Litigation to Person Answerable Over.
(1) The buyer must pay at the contract rate for any goods accepted.
(2) Acceptance of goods by the buyer precludes rejection of the goods
accepted and if made with knowledge of a non-conformity cannot be
revoked because of it unless the acceptance was on the reasonable
assumption that the non-conformity would be seasonably cured but
acceptance does not of itself impair any other remedy provided by this
Article for non-conformity.
(3) Where a tender has been accepted
(a) the buyer must within a reasonable time after he discovers or
should have discovered any breach notify the seller of breach
or be barred from any remedy; and
(b) if the claim is one for infringement or the like (subsection
(3) of Section 2--312) and the buyer is sued as a result of
such a breach he must so notify the seller within a
reasonable time after he receives notice of the litigation or
be barred from any remedy over for liability established by
the litigation.
(4) The burden is on the buyer to establish any breach with respect to
the goods accepted.
(5) Where the buyer is sued for breach of a warranty or other
obligation for which his seller is answerable over
(a) he may give his seller written notice of the litigation. If
the notice states that the seller may come in and defend and
that if the seller does not do so he will be bound in any
action against him by his buyer by any determination of fact
common to the two litigations, then unless the seller after
seasonable receipt of the notice does come in and defend he
is so bound.
(b) if the claim is one for infringement or the like (subsection
(3) of Section 2--312) the original seller may demand in
writing that his buyer turn over to him control of the
litigation including settlement or else be barred from any
remedy over and if he also agrees to bear all expense and to
satisfy any adverse judgment, then unless the buyer after
seasonable receipt of the demand does turn over control the
buyer is so barred.
(6) The provisions of subsections (3), (4) and (5) apply to any
obligation of a buyer to hold the seller harmless against infringement
or the like (subsection (3) of Section 2--312).
Establishing Breach After Acceptance; Notice of Claim
or Litigation to Person Answerable Over.
(1) The buyer must pay at the contract rate for any goods accepted.
(2) Acceptance of goods by the buyer precludes rejection of the goods
accepted and if made with knowledge of a non-conformity cannot be
revoked because of it unless the acceptance was on the reasonable
assumption that the non-conformity would be seasonably cured but
acceptance does not of itself impair any other remedy provided by this
Article for non-conformity.
(3) Where a tender has been accepted
(a) the buyer must within a reasonable time after he discovers or
should have discovered any breach notify the seller of breach
or be barred from any remedy; and
(b) if the claim is one for infringement or the like (subsection
(3) of Section 2--312) and the buyer is sued as a result of
such a breach he must so notify the seller within a
reasonable time after he receives notice of the litigation or
be barred from any remedy over for liability established by
the litigation.
(4) The burden is on the buyer to establish any breach with respect to
the goods accepted.
(5) Where the buyer is sued for breach of a warranty or other
obligation for which his seller is answerable over
(a) he may give his seller written notice of the litigation. If
the notice states that the seller may come in and defend and
that if the seller does not do so he will be bound in any
action against him by his buyer by any determination of fact
common to the two litigations, then unless the seller after
seasonable receipt of the notice does come in and defend he
is so bound.
(b) if the claim is one for infringement or the like (subsection
(3) of Section 2--312) the original seller may demand in
writing that his buyer turn over to him control of the
litigation including settlement or else be barred from any
remedy over and if he also agrees to bear all expense and to
satisfy any adverse judgment, then unless the buyer after
seasonable receipt of the demand does turn over control the
buyer is so barred.
(6) The provisions of subsections (3), (4) and (5) apply to any
obligation of a buyer to hold the seller harmless against infringement
or the like (subsection (3) of Section 2--312).