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J. MILLARD TAWES, Governor 821
(2) Acceptance of goods by the buyer precludes rejection of the
goods accepted and if made with knowledge of a non-conformity can-
not be revoked because of it unless the acceptance was on the reason-
able assumption that the non-conformity would be seasonably cured
but acceptance does not of itself impair any other remedy provided
by this Sub-title 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 re-
spect 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 settle-
ment 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).
2—608. Revocation of Acceptance in Whole or in Part.
(1) The buyer may revoke his acceptance of a lot or commercial
unit whose non-conformity substantially impairs its value to him if
he has accepted it
(a) on the reasonable assumption that its non-conformity would be
cured and it has not been seasonably cured; or
(b) without discovery of such non-conformity 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.
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