US Lawyer Database

Section 2-602 – Manner and Effect of Rightful Rejection

    (1)    Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.     (2)    Subject to the provisions of the two following sections on rejected goods (§§ 2-603 and 2-604).         (a)    After rejection any exercise of ownership by the buyer with respect to any commercial unit […]

Section 2-603 – Merchant Buyer’s Duties as to Rightfully Rejected Goods

    (1)    Subject to any security interest in the buyer (subsection (3) of § 2-711), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect […]

Section 2-604 – Buyer’s Options as to Salvage of Rightfully Rejected Goods

    Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller’s account or reship them to him or resell them for the seller’s account with reimbursement as provided in the preceding […]

Section 2-605 – Waiver of Buyer’s Objections by Failure to Particularize

    (1)    The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach         (a)    Where the seller could have cured it if stated seasonably; or         (b)    Between merchants when the seller has after rejection made a request […]

Section 2-606 – What Constitutes Acceptance of Goods

    (1)    Acceptance of goods occurs when the buyer         (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 nonconformity; or         (b)    Fails to make an effective rejection (subsection (1) of § 2-602), but such acceptance does not occur […]

Section 2-607 – Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over

    (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 […]