(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 nonconformity cannot be revoked because of it unless the
acceptance was on the reasonable assumption that the nonconformity would be seasonably
cured but acceptance does not of itself impair any other remedy provided by this article
(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 490:2-312) 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 490:2-312) 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 of the like (subsection (3) of section 490:2-312).
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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