8.2-607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.
§ 8.2-607. Effect of acceptance; notice of breach; burden of establishingbreach after acceptance; notice of claim or litigation to person answerableover.
(1) The buyer must pay at the contract rate for any goods accepted.
(2) Acceptance of goods by the buyer precludes rejection of the goodsaccepted and if made with knowledge of a nonconformity cannot be revokedbecause of it unless the acceptance was on the reasonable assumption that thenonconformity would be seasonably cured but acceptance does not of itselfimpair any other remedy provided by this title for nonconformity.
(3) Where a tender has been accepted
(a) the buyer must within a reasonable time after he discovers or should havediscovered any breach notify the seller of breach or be barred from anyremedy; and
(b) if the claim is one for infringement or the like (subsection (3) of §8.2-312) and the buyer is sued as a result of such a breach he must so notifythe seller within a reasonable time after he receives notice of thelitigation or be barred from any remedy over for liability established by thelitigation.
(4) The burden is on the buyer to establish any breach with respect to thegoods accepted.
(5) Where the buyer is sued for breach of a warranty or other obligation forwhich his seller is answerable over
(a) he may give his seller written notice of the litigation. If the noticestates that the seller may come in and defend and that if the seller does notdo so he will be bound in any action against him by his buyer by anydetermination of fact common to the two litigations, then unless the sellerafter 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 §8.2-312) the original seller may demand in writing that his buyer turn overto him control of the litigation including settlement or else be barred fromany remedy over and if he also agrees to bear all expense and to satisfy anyadverse judgment, then unless the buyer after seasonable receipt of thedemand does turn over control the buyer is so barred.
(6) The provisions of subsections (3), (4) and (5) apply to any obligation ofa buyer to hold the seller harmless against infringement or the like(subsection (3) of § 8.2-312).
(1964, c. 219.)