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Session Laws, 1975
Volume 716, Page 135   View pdf image
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MARVIN MANDEL, Governor

135

(a)   After a reasonable opportunity to inspect
the goods signifies to the seller that the goods are
conforming or that he will take or retain them in spite
of their non—conformity; or

(b)   Fails to make an effective rejection
(subsection (1) of § 2—602), but such acceptance does not
occur until the buyer has had a reasonable opportunity to
inspect them; or

(c)     Does any act inconsistent with the
seller's ownership; but if such act is wrongful as
against the seller it is an acceptance only if ratified
by him.

(2) acceptance of a part of any commercial unit is
acceptance of that entire unit.

2—607. Effect of acceptance; notice of breach; burden of
establishing breach after acceptance; notice of claim or
litigation to person answerable oyer.

(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 [subtitle] 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 § 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

 

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Session Laws, 1975
Volume 716, Page 135   View pdf image
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