§ 41-02-70 — (2-607) Effect of acceptance - Notice of breach - Burden of establishing breach after acceptance - Notice of claim or litigation to person answerable over

North Dakota § 41-02-70

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-02: Sales

Text

breach after acceptance - Notice of claim or litigation to person answerable over.
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 nonconformity, cannot be revoked because of it unless the
acceptance was on the reasonable assumption that the nonconformity would be
seasonably cured but acceptance does not of itself impair any other remedy provided
by this chapter for nonconformity.
3. If a tender has been accepted:
a. The buyer must within a reasonable time after the buyer discovers or should have
discovered any breach notify the seller of breach or be barred from any remedy.
b. If the claim is one for infringement or the like (subsection 3 of section 41-02-29)
and the buyer is sued as a result of such a breach, the buyer must so notify the
seller within a reasonable time after the buyer 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. If the buyer is sued for breach of a warranty or other obligation for which the buyer's
seller is answerable over:

a. The buyer may give the buyer's 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
the seller will be bound in any action against the seller by the seller's 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 the seller is so
bound.
b. If the claim is one for infringement or the like (subsection 3 of section 41-02-29)
the original seller may demand in writing that the original seller's buyer turn over
to the original seller control of the litigation including settlement or else be barred
from any remedy over and if the original seller 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 41-02-29).