§ 6A-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 ofthe goods accepted and if made with knowledge of a nonconformity cannot berevoked because of it unless the acceptance was on the reasonable assumptionthat the nonconformity would be seasonably cured but acceptance does not ofitself impair any other remedy provided by this chapter for nonconformity.
(3) Where a tender has been accepted:
(a) The buyer must within a reasonable time after he or shediscovers or should have discovered any breach notify the seller of breach orbe barred from any remedy; and
(b) If the claim is one for infringement or the like (§6A-2-312(3)) and the buyer is sued as a result of such a breach he or she mustso notify the seller within a reasonable time after he or she receives noticeof the litigation or be barred from any remedy over for liability establishedby the litigation.
(4) The burden is on the buyer to establish any breach withrespect to the goods accepted.
(5) Where the buyer is sued for breach of a warranty or otherobligation for which his or her seller is answerable over,
(a) The buyer may give his or her seller written notice ofthe litigation. If the notice states that the seller may come in and defend andthat if the seller does not do so he or she will be bound in any action againsthim or her by his or her buyer by any determination of fact common to the two(2) litigations, then unless the seller after seasonable receipt of the noticedoes come in and defend he or she is so bound.
(b) If the claim is one of infringement or the like (§6A-2-312(3)) the original seller may demand in writing that his or her buyerturn over to him or her control of the litigation including settlement or elsebe barred from any remedy over and if he or she also agrees to bear all expenseand to satisfy any adverse judgment, then unless the buyer after seasonablereceipt of the demand does turn over control the buyer is so barred.
(6) The provisions of subsection (3), (4) and (5) apply toany obligation of a buyer to hold the seller harmless against infringement orthe like (§ 6A-2-312(3)).
§ 6A-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 ofthe goods accepted and if made with knowledge of a nonconformity cannot berevoked because of it unless the acceptance was on the reasonable assumptionthat the nonconformity would be seasonably cured but acceptance does not ofitself impair any other remedy provided by this chapter for nonconformity.
(3) Where a tender has been accepted:
(a) The buyer must within a reasonable time after he or shediscovers or should have discovered any breach notify the seller of breach orbe barred from any remedy; and
(b) If the claim is one for infringement or the like (§6A-2-312(3)) and the buyer is sued as a result of such a breach he or she mustso notify the seller within a reasonable time after he or she receives noticeof the litigation or be barred from any remedy over for liability establishedby the litigation.
(4) The burden is on the buyer to establish any breach withrespect to the goods accepted.
(5) Where the buyer is sued for breach of a warranty or otherobligation for which his or her seller is answerable over,
(a) The buyer may give his or her seller written notice ofthe litigation. If the notice states that the seller may come in and defend andthat if the seller does not do so he or she will be bound in any action againsthim or her by his or her buyer by any determination of fact common to the two(2) litigations, then unless the seller after seasonable receipt of the noticedoes come in and defend he or she is so bound.
(b) If the claim is one of infringement or the like (§6A-2-312(3)) the original seller may demand in writing that his or her buyerturn over to him or her control of the litigation including settlement or elsebe barred from any remedy over and if he or she also agrees to bear all expenseand to satisfy any adverse judgment, then unless the buyer after seasonablereceipt of the demand does turn over control the buyer is so barred.
(6) The provisions of subsection (3), (4) and (5) apply toany obligation of a buyer to hold the seller harmless against infringement orthe like (§ 6A-2-312(3)).
§ 6A-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 ofthe goods accepted and if made with knowledge of a nonconformity cannot berevoked because of it unless the acceptance was on the reasonable assumptionthat the nonconformity would be seasonably cured but acceptance does not ofitself impair any other remedy provided by this chapter for nonconformity.
(3) Where a tender has been accepted:
(a) The buyer must within a reasonable time after he or shediscovers or should have discovered any breach notify the seller of breach orbe barred from any remedy; and
(b) If the claim is one for infringement or the like (§6A-2-312(3)) and the buyer is sued as a result of such a breach he or she mustso notify the seller within a reasonable time after he or she receives noticeof the litigation or be barred from any remedy over for liability establishedby the litigation.
(4) The burden is on the buyer to establish any breach withrespect to the goods accepted.
(5) Where the buyer is sued for breach of a warranty or otherobligation for which his or her seller is answerable over,
(a) The buyer may give his or her seller written notice ofthe litigation. If the notice states that the seller may come in and defend andthat if the seller does not do so he or she will be bound in any action againsthim or her by his or her buyer by any determination of fact common to the two(2) litigations, then unless the seller after seasonable receipt of the noticedoes come in and defend he or she is so bound.
(b) If the claim is one of infringement or the like (§6A-2-312(3)) the original seller may demand in writing that his or her buyerturn over to him or her control of the litigation including settlement or elsebe barred from any remedy over and if he or she also agrees to bear all expenseand to satisfy any adverse judgment, then unless the buyer after seasonablereceipt of the demand does turn over control the buyer is so barred.
(6) The provisions of subsection (3), (4) and (5) apply toany obligation of a buyer to hold the seller harmless against infringement orthe like (§ 6A-2-312(3)).
