Texas Business & Commerce Code
§ 2.607 — EFFECT OF ACCEPTANCE; NOTICE OF BREACH; BURDEN OF ESTABLISHING BREACH AFTER ACCEPTANCE; NOTICE OF CLAIM OR LITIGATION TO PERSON ANSWERABLE OVER
BC § 2.607Title 1. UNIFORM COMMERCIAL CODE · Ch. 2. SALES · Art. F. BREACH, REPUDIATION AND EXCUSE
Statute text
View on source(a)The buyer must pay at the contract rate for any goods accepted.
(b)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 chapter for non-conformity.
(c)Where a tender has been accepted
(1)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
(2)if the claim is one for infringement or the like (Subsection (c) 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.
(d)The burden is on the buyer to establish any breach with respect to the goods accepted.
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Legislative history
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.