Source: L. 65: p. 1329, § 1. C.R.S. 1963: § 155-2-606.
Prior Uniform Statutory Provision: Section 48, Uniform Sales Act.
Changes: Rewritten, the qualification in paragraph (c) and subsection (2) being new; otherwise the general policy of the prior legislation is continued.
Purposes of Changes and New Matter: To make it clear that:
In the same manner in which a buyer can bind himself, despite his insistence that he is rejecting or has rejected the goods, by an act inconsistent with the seller's ownership under paragraph (c), he can obligate himself by a communication of acceptance despite a prior rejection under paragraph (a). However, the sections on buyer's rights on improper delivery and on the effect of rightful rejection, make it clear that after he once rejects a tender, paragraph (a) does not operate in favor of the buyer unless the seller has re-tendered the goods or has taken affirmative action indicating that he is holding the tender open. See also Comment 2 to Section 2-601.
Cross References:
Point 2: Sections 4-2-401, 4-2-509, 4-2-510, 4-2-607, 4-2-608 and Part 7.
Point 4: Sections 4-2-601 through 4-2-604.
Point 5: Section 4-2-601.
Definitional Cross References:
"Buyer". Section 4-2-103.
"Commercial unit". Section 4-2-105.
"Goods". Section 4-2-105.
"Seller". Section 4-2-103.
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