Massachusetts General Laws
Article 2 - Sales
Section 2-607 - Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over

Section 2–607. (1) The buyer must pay at the contract rate for any goods accepted.
(2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this Article for non-conformity.
(3) Where a tender has been accepted
(a) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and
(b) if the claim is one for infringement or the like (subsection (3) of section 2–312) and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation.
(4) The burden is on the buyer to establish any breach with respect to the goods accepted.
(5) Where the buyer is sued for breach of a warranty or other 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 and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two litigations, then unless the seller after 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 section 2–312) the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and 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 over control the buyer is so barred.
(6) The provisions of subsections (3), (4) and (5) apply to any obligation of a buyer to hold the seller harmless against infringement or the like (subsection (3) of section 2–312).

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XV - Regulation of Trade

Chapter 106 - Uniform Commercial Code

Article 2 - Sales

Section 2-715 - Buyer's Incidental and Consequential Damages

Section 2-723 - Proof of Market Price: Time and Place

Section 2-716 - Buyer's Right to Specific Performance or Replevin

Section 2-717 - Deduction of Damages From Price

Section 2-718 - Liquidation or Limitation of Damages; Deposits

Section 2-719 - Contractual Modification or Limitation of Remedy

Section 2-720 - Effect of ''cancellation'' or ''rescission'' on Claims for Antecedent Breach

Section 2-721 - Remedies for Fraud

Section 2-722 - Who Can Sue Third Parties for Injury to Goods

Section 2-724 - Admissibility of Market Quotations

Section 2-512 - Payment by Buyer Before Inspection

Section 2-515 - Preserving Evidence of Goods in Dispute

Section 2-514 - When Documents Deliverable on Acceptance; When on Payment

Section 2-513 - Buyer's Right to Inspection of Goods

Section 2-714 - Buyer's Damages for Breach in Regard to Accepted Goods

Section 2-603 - Merchant Buyer's Duties as to Rightfully Rejected Goods

Section 2-510 - Effect of Breach on Risk of Loss

Section 2-509 - Risk of Loss in the Absence of Breach

Section 2-508 - Cure by Seller of Improper Tender or Delivery; Replacement

Section 2-507 - Effect of Seller's Tender; Delivery on Condition

Section 2-506 - Rights of Financing Agency

Section 2-505 - Seller's Shipment Under Reservation

Section 2-725 - Statute of Limitations in Contracts for Sale

Section 2-713 - Buyer's Damages for Non-Delivery or Repudiation

Section 2-707 - ''person in the Position of a Seller''

Section 2-711 - Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods

Section 2-504 - Shipment by Seller

Section 2-604 - Buyer's Options as to Salvage of Rightfully Rejected Goods

Section 2-605 - Waiver of Buyer's Objections by Failure to Particularize

Section 2-606 - What Constitutes Acceptance of Goods

Section 2-607 - Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over

Section 2-608 - Revocation of Acceptance in Whole or in Part

Section 2-609 - Right to Adequate Assurance of Performance

Section 2-610 - Anticipatory Repudiation

Section 2-611 - Retraction of Anticipatory Repudiation

Section 2-612 - ''installment Contract''; Breach

Section 2-613 - Casualty to Identified Goods

Section 2-614 - Substituted Performance

Section 2-615 - Excuse by Failure of Presupposed Conditions

Section 2-616 - Procedure on Notice Claiming Excuse

Section 2-701 - Remedies for Breach of Collateral Contracts Not Impaired

Section 2-702 - Seller's Remedies on Discovery of Buyer's Insolvency

Section 2-703 - Seller's Remedies in General

Section 2-704 - Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods

Section 2-705 - Seller's Stoppage of Delivery in Transit or Otherwise

Section 2-706 - Seller's Resale Including Contract for Resale

Section 2-708 - Seller's Damages for Non-Acceptance or Repudiation

Section 2-709 - Action for the Price

Section 2-710 - Seller's Incidental Damages

Section 2-712 - ''cover''; Buyer's Procurement of Substitute Goods

Section 2-503 - Manner of Seller's Tender of Delivery

Section 2-511 - Tender of Payment by Buyer; Payment by Check

Section 2-501 - Insurable Interest in Goods; Manner of Identification of Goods

Section 2-304 - Price Payable in Money, Goods, Realty, or Otherwise

Section 2-305 - Open Price Term

Section 2-306 - Output, Requirements and Exclusive Dealings

Section 2-307 - Delivery in Single Lot or Several Lots

Section 2-308 - Absence of Specified Place for Delivery

Section 2-309 - Absence of Specific Time Provisions; Notice of Termination

Section 2-310 - Open Time for Payment or Running of Credit; Authority to Ship Under Reservation

Section 2-303 - Allocation or Division of Risks

Section 2-311 - Options and Co-Operation Respecting Performance

Section 2-313 - Express Warranties by Affirmation, Promise, Description, Sample

Section 2-314 - Implied Warranty: Merchantability; Usage of Trade

Section 2-315 - Implied Warranty; Fitness for Particular Purpose

Section 2-316 - Exclusion or Modification of Warranties

Section 2-316a - Limitation on Exclusion or Modification of Warranties

Section 2-317 - Cumulation and Conflict of Warranties Express or Implied

Section 2-318 - Lack of Privity in Actions Against a Manufacturer, Seller, Lessor or Supplier of Goods

Section 2-312 - Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement

Section 2-302 - Unconscionable Contract or Clause

Section 2-301 - General Obligations of Parties

Section 2-210 - Delegation of Performance; Assignment of Rights

Section 2-602 - Manner and Effect of Rightful Rejection

Section 2-101 - Short Title

Section 2-102 - Scope; Certain Security and Other Transactions Excluded From This Article

Section 2-103 - Definitions and Index of Definitions

Section 2-104 - Definitions: ''merchant''; ''between Merchants''; ''financing Agency''

Section 2-105 - Definitions; Transferability; ''goods''; ''future'' Goods; ''lot''; ''commercial Unit''

Section 2-106 - Definitions: ''contract''; ''agreement''; ''contract for Sale''; ''sale''; ''present Sale''; ''conforming'' to Contract; ''termination''; ''cancellation''

Section 2-107 - Goods to Be Severed From Realty; Recording

Section 2-201 - Formal Requirements: Statute of Frauds

Section 2-202 - Final Written Expression: Parol or Extrinsic Evidence

Section 2-203 - Seals Inoperative

Section 2-204 - Formation in General

Section 2-205 - Firm Offers

Section 2-206 - Offer and Acceptance in Formation of Contract

Section 2-207 - Additional Terms in Acceptance or Confirmation

Section 2-209 - Modification, Rescission and Waiver

Section 2-319 - f.o.b. and f.a.s. Terms

Section 2-502 - Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency

Section 2-601 - Buyer's Rights on Improper Delivery

Section 2-323 - Form of Bill of Lading Required in Overseas Shipment; ''overseas''

Section 2-403 - Power to Transfer; Good Faith Purchase of Goods; ''entrusting''

Section 2-402 - Rights of Seller's Creditors Against Sold Goods

Section 2-401 - Passing of Title; Reservation for Security; Limited Application of This Section

Section 2-328 - Sale by Auction

Section 2-327 - Special Incidents of Sale on Approval and Sale or Return

Section 2-326 - Sale on Approval and Sale or Return; Rights of Creditors

Section 2-325 - ''letter of Credit'' Term; ''confirmed Credit''

Section 2-324 - ''no Arrival, No Sale'' Term

Section 2-322 - Delivery ''ex–ship''

Section 2-321 - c.i.f. or C. & f.: ''net Landed Weights''; ''payment on Arrival''; Warranty of Condition on Arrival

Section 2-320 - c.i.f. and C. & F. Terms