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
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
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 2-608 - 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 2-705 - 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 2-312 - 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 2-102 - 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 2-107 - 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 2-206 - 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