N.D. Cent. Code § 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
Redline — December 1, 2021 → current.View current text →
Current — January 1, 2022
As of December 1, 2021
(1) The buyer must pay at the contract rate for any goods accepted.
(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.
(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: 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.
(3) If a tender has been accepted: 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.
(4) 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) 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.
(5) The burden is on the buyer to establish any breach with respect to the goods accepted.
(5) The burden is on the buyer to establish any breach with respect to the goods accepted.
(6) If the buyer is sued for breach of a warranty or other obligation for which the buyer’s seller is answerable over: 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.
(6) If the buyer is sued for breach of a warranty or other obligation for which the buyer’s seller is answerable over: 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.
(7) 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.
(7) 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.
(8) 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).
(8) 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).
(9) The vouching-in procedure in subsection (5) includes indemnity actions, and it includes any other party that is answerable over, not just the immediate seller.
(10) Subsections (3)(b) and (5)(b) give a warrantor against infringement an opportunity to defend or compromise third-party claims or be relieved of liability. Subsection (5)(a) codifies for all warranties the practice of voucher to defend. Subsection (6) makes these provisions applicable to the buyer’s liability for infringement under Section 2-312.
(11) All of the provisions of this section are subject to any explicit reservation of rights. Section 1-308.
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.