Okla. Stat. tit. 12A, § 12A-2-607
This is the official text of Okla. Stat. tit. 12A, § 12A-2-607, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Effect of Acceptance; Notice of Breach; Burden of
Official statutory text
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 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 article for nonconformity.
(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) (b) of Section 2-312).
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 article for nonconformity.
(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) (b) of Section 2-312).
Status: in_force · Read it on the official government site
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