§ 25-2-607. Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.
§25‑2‑607. Effect of acceptance; notice of breach; burden ofestablishing breach after acceptance; notice of claim or litigation to personanswerable over.
(1) The buyer must payat the contract rate for any goods accepted.
(2) Acceptance of goodsby the buyer precludes rejection of the goods accepted and if made withknowledge of a nonconformity cannot be revoked because of it unless theacceptance was on the reasonable assumption that the nonconformity would beseasonably cured but acceptance does not of itself impair any other remedyprovided by this article for nonconformity.
(3) Where a tender hasbeen accepted
(a) the buyer mustwithin a reasonable time after he discovers or should have discovered anybreach notify the seller of breach or be barred from any remedy; and
(b) if the claim is onefor infringement or the like (subsection (3) of G.S. 25‑2‑312) andthe buyer is sued as a result of such a breach he must so notify the sellerwithin a reasonable time after he receives notice of the litigation or bebarred from any remedy over for liability established by the litigation.
(4) The burden is onthe buyer to establish any breach with respect to the goods accepted.
(5) Where the buyer issued for breach of a warranty or other obligation for which his seller isanswerable over
(a) he may give hisseller written notice of the litigation. If the notice states that the sellermay come in and defend and that if the seller does not do so he will be boundin any action against him by his buyer by any determination of fact common tothe two litigations, then unless the seller after seasonable receipt of thenotice does come in and defend he is so bound.
(b) if the claim is onefor infringement or the like (subsection (3) of G.S. 25‑2‑312) theoriginal seller may demand in writing that his buyer turn over to him controlof the litigation including settlement or else be barred from any remedy overand 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 overcontrol the buyer is so barred.
(6) The provisions ofsubsections (3), (4) and (5) apply to any obligation of a buyer to hold theseller harmless against infringement or the like (subsection (3) of G.S. 25‑2‑312).(1965, c. 700, s. 1.)