§490:2-608 - Revocation of acceptance in whole or in part.
§490:2-608 Revocation of acceptance in
whole or in part. (1) The buyer may revoke his acceptance of a lot or
commercial units whose nonconformity substantially impairs its value to him if
he has accepted it:
(a) On the reasonable assumption that its nonconformity
would be cured and it has not been seasonably cured; or
(b) Without discovery of such nonconformity if his
acceptance was reasonably induced either by the difficulty of discovery before
acceptance or by the seller's assurances.
(2) Revocation of acceptance must occur within
a reasonable time after the buyer discovers or should have discovered the
ground for it and before any substantial change in condition of the goods which
is not caused by their own defects. It is not effective until the buyer
notifies the seller of it.
(3) A buyer who so revokes has the same rights
and duties with regard to the goods involved as if he had rejected them. [L
1965, c 208, §2-608; HRS §490:2-608]
Case Notes
Did not authorize defendant to revoke acceptance of
nonconforming goods where defendant prevented plaintiff's reasonable attempts
to seasonably cure the nonconformity. 10 H. App. 368, 874 P.2d 1100.