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§12A-2-607.
§12A-2-607.
(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 for nonconformity.
(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 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 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
or the like (subsection (3) (b) of Section 2-312).
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