Subject to the provisions of this article on breach in installment contracts (section 4-2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (sections 4-2-718 and 4-2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may:
Source: L. 65: p. 1327, § 1. C.R.S. 1963: § 155-2-601.
Prior Uniform Statutory Provision: No one general equivalent provision but numerous provisions, dealing with situations of non-conformity where buyer may accept or reject, including Sections 11, 44 and 69(1), Uniform Sales Act.
Changes: Partial acceptance in good faith is recognized and the buyer's remedies on the contract for breach of warranty and the like, where the buyer has returned the goods after transfer of title, are no longer barred.
Purposes of Changes: To make it clear that:
Cross References:
Sections 4-2-602(2)(a), 4-2-612, 4-2-718 and 4-2-719.
Definitional Cross References:
"Buyer". Section 4-2-103.
"Commercial unit". Section 4-2-105.
"Conform". Section 4-2-106.
"Contract". Section 4-1-201.
"Goods". Section 4-2-105.
"Installment contract". Section 4-2-612.
"Rights". Section 4-1-201.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Part 6 - Breach, Repudiation, and Excuse
§ 4-2-601. Buyer's Rights on Improper Delivery
§ 4-2-602. Manner and Effect of Rightful Rejection
§ 4-2-603. Merchant Buyer's Duties as to Rightfully Rejected Goods
§ 4-2-604. Buyer's Options as to Salvage of Rightfully Rejected Goods
§ 4-2-605. Waiver of Buyer's Objections by Failure to Particularize
§ 4-2-606. What Constitutes Acceptance of Goods
§ 4-2-608. Revocation of Acceptance in Whole or in Part
§ 4-2-609. Right to Adequate Assurance of Performance
§ 4-2-610. Anticipatory Repudiation
§ 4-2-611. Retraction of Anticipatory Repudiation
§ 4-2-612. "Installment Contract" - Breach
§ 4-2-613. Casualty to Identified Goods
§ 4-2-614. Substituted Performance