§ 554.2607

554.2607 Effect of acceptance — notice of breach — burden of establishing 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 theacceptance was on the reasonable assumption that the nonconformity would be seasonablycured but acceptance does not of itself impair any other remedy provided by this Article fornonconformity. 3. Where 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; and b. if the claim is one for infringement or the like (section 554.2312, subsection 3) and the buyer is sued as a result of such a breach the buyer must so notify the seller within areasonable time after the buyer receives notice of the litigation or be barred from any remedyover for liability established by the litigation. 4.

a breach the buyer must so notify the seller within areasonable time after the buyer receives notice of the litigation or be barred from any remedyover 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 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 willbe bound in any action against the seller by the seller’s buyer by any determination of factcommon to the two litigations, then unless the seller after seasonable receipt of the noticedoes come in and defend the seller is so bound. b. if the claim is one for infringement or the like (section 554.2312, subsection 3) the original seller may demand in writing that the seller’s buyer turn over to the seller control ofthe litigation including settlement or else be barred from any remedy over and if the selleralso agrees to bear all expense and to satisfy any adverse judgment, then unless the buyerafter

r control ofthe litigation including settlement or else be barred from any remedy over and if the selleralso agrees to bear all expense and to satisfy any adverse judgment, then unless the buyerafter 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 (section 554.2312, subsection 3). [C24, 27, 31, 35, 39, §9970, 9978, 9998; C46, 50, 54, 58, 62, §554.42, 554.50, 554.70; C66, 71, 73, 75, 77, 79, 81, §554.2607] 2015 Acts, ch 29, §95 – 97Referred to in §554.2714 Sat Dec 23 01:50:52 2023 Iowa Code 2024, Section 554.2607 (27, 0)