400.2-607. Effect of acceptance--notice of breach--burden of establishing breach after acceptance--notice of claim or litigation to person answerable over.

MISSOURI STATUTES AND CODES

400.2-607. Effect of acceptance--notice of breach--burden of establishing breach after acceptance--notice of claim or litigation to person answerable over.

Effect of acceptance--notice of breach--burden of establishing breachafter acceptance--notice of claim or litigation to person answerableover.

400.2-607. (1) The buyer must pay at the contract rate forany goods accepted.

(2) Acceptance of goods by the buyer precludes rejection ofthe goods accepted and if made with knowledge of a nonconformitycannot be revoked because of it unless the acceptance was on thereasonable assumption that the nonconformity would be seasonablycured but acceptance does not of itself impair any other remedyprovided by this article for nonconformity.

(3) Where a tender has been accepted

(a) the buyer must within a reasonable time after hediscovers or should have discovered any breach notify the sellerof breach or be barred from any remedy; and

(b) if the claim is one for infringement or the like(subsection (3) of section 400.2-312) and the buyer is sued as aresult of such a breach he must so notify the seller within areasonable time after he receives notice of the litigation or bebarred from any remedy over for liability established by thelitigation.

(4) The burden is on the buyer to establish any breach withrespect to the goods accepted.

(5) Where the buyer is sued for breach of a warranty orother 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 andthat if the seller does not do so he will be bound in any actionagainst him by his buyer by any determination of fact common tothe two litigations, then unless the seller after seasonablereceipt 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 400.2-312) the original seller maydemand in writing that his buyer turn over to him control of thelitigation including settlement or else be barred from any remedyover and if he also agrees to bear all expense and to satisfy anyadverse judgment, then unless the buyer after seasonable receiptof the demand does turn over control the buyer is so barred.

(6) The provisions of subsections (3), (4) and (5) apply toany obligation of a buyer to hold the seller harmless againstinfringement or the like (subsection (3) of section 400.2-312).