(1) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and:
(a) the lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or
(b) the lessee fails to make an effective rejection of the goods (Section 55-2A-509(2) NMSA 1978).
(2) Acceptance of a part of any commercial unit is acceptance of that entire unit.
History: 1978 Comp., § 55-2A-515, enacted by Laws 1992, ch. 114, § 70.
OFFICIAL COMMENTS
UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
Uniform Statutory Source: — Section 2-606 [55-2-606 NMSA 1978].
Changes: — The provisions of Section 2-606(1)(a) [55-2-606 NMSA 1978] were substantially rewritten to provide that the lessee's conduct may signify acceptance. Further, the provisions of Section 2-606(1)(c) [55-2-606 NMSA 1978] were not incorporated as irrelevant given the lessee's possession and use of the leased goods.
Cross References: — Sections 2-606(1)(a) and 2-606(1)(c) [55-2-606 NMSA 1978].
"Commercial unit". Section 2A-103(1)(c) [55-2A-103 NMSA 1978].
"Conforming". Section 2A-103(1)(d) [55-2A-103 NMSA 1978].
"Goods". Section 2A-103(1)(h) [55-2A-103 NMSA 1978].
"Lessee". Section 2A-103(1)(n) [55-2A-103 NMSA 1978].
"Lessor". Section 2A-103(1)(p) [55-2A-103 NMSA 1978].
"Supplier". Section 2A-103(1)(x) [55-2A-103 NMSA 1978].
Effective dates. — Laws 1992, ch. 114, § 238 made Laws 1992, ch. 114, § 70 effective July 1, 1992.
Structure New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Section 55-2A-501 - Default; procedure.
Section 55-2A-502 - Notice after default.
Section 55-2A-503 - Modification or impairment of rights and remedies.
Section 55-2A-504 - Liquidation of damages.
Section 55-2A-506 - Statute of limitations.
Section 55-2A-507 - Proof of market rent; time and place.
Section 55-2A-508 - Lessee's remedies.
Section 55-2A-509 - Lessee's rights on improper delivery; rightful rejection.
Section 55-2A-510 - Installment lease contracts; rejection and default.
Section 55-2A-511 - Merchant lessee's duties as to rightfully rejected goods.
Section 55-2A-512 - Lessee's duties as to rightfully rejected goods.
Section 55-2A-513 - Cure by lessor of improper tender or delivery; replacement.
Section 55-2A-514 - Waiver of lessee's objections.
Section 55-2A-515 - Acceptance of goods.
Section 55-2A-517 - Revocation of acceptance of goods.
Section 55-2A-518 - Cover; substitute goods.
Section 55-2A-520 - Lessee's incidental and consequential damages.
Section 55-2A-521 - Lessee's right to specific performance or replevin.
Section 55-2A-522 - Lessee's right to goods on lessor's insolvency.
Section 55-2A-523 - Lessor's remedies.
Section 55-2A-524 - Lessor's right to identify goods to lease contract.
Section 55-2A-525 - Lessor's right to possession of goods.
Section 55-2A-526 - Lessor's stoppage of delivery in transit or otherwise.
Section 55-2A-527 - Lessor's rights to dispose of goods.
Section 55-2A-529 - Lessor's action for the rent.
Section 55-2A-530 - Lessor's incidental damages.
Section 55-2A-531 - Standing to sue third parties for injury to goods.