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§12A-2A-516.
§12A-2A-516.
EFFECT OF ACCEPTANCE OF GOODS; NOTICE OF DEFAULT;
BURDEN OF ESTABLISHING DEFAULT AFTER ACCEPTANCE;
NOTICE OF CLAIM OR LITIGATION TO PERSON
ANSWERABLE OVER
(1) A lessee must pay rent for any goods accepted in accordance with
the lease contract, with due allowance for goods rightfully rejected
or not delivered.
(2) A lessee's acceptance of goods precludes rejection of the goods
accepted. In the case of a finance lease, if made with knowledge of a
nonconformity, acceptance cannot be revoked because of it. In any
other case, if made with knowledge of a nonconformity, acceptance
cannot be revoked because of it unless the acceptance was on the
reasonable assumption that the nonconformity would be seasonably
cured. Acceptance does not of itself impair any other remedy provided
by this article or the lease agreement for nonconformity.
(3) If a tender has been accepted:
(a) within a reasonable time after the lessee discovers or should have
discovered any default, the lessee shall notify the lessor and the
supplier, if any, or be barred from any remedy against the party not
notified;
(b) except in the case of a consumer lease, within a reasonable time
after the lessee receives notice of litigation for infringement or the
like (Section 2A-211 of this title) the lessee shall notify the lessor
or be barred from any remedy over for liability established by the
litigation; and
(c) the burden is on the lessee to establish any default.
(4) If a lessee is sued for breach of a warranty or other obligation
for which a lessor or a supplier is answerable over the following
apply:
(a) the lessee may give the lessor or the supplier, or both, written
notice of the litigation. If the notice states that the person
notified may come in and defend and that if the person notified does
not do so that person will be bound in any action against that person
by the lessee by any determination of fact common to the two
litigations, then unless the person notified after seasonable receipt
of the notice does come in and defend that person is so bound.
(b) the lessor or the supplier may demand in writing that the lessee
turn over control of the litigation including settlement if the claim
is one for infringement or the like (Section 2A-211 of this title) or
else be barred from any remedy over. If the demand states that the
lessor or the supplier agrees to bear all expense and to satisfy any
adverse judgment, then unless the lessee after seasonable receipt of
the demand does turn over control the lessee is so barred.
(5) Subsections (3) and (4) of this section apply to any obligation of
a lessee to hold the lessor or the supplier harmless against
infringement or the like (Section 2A-211 of this title).
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