Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
336.2-607 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 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 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 (subsection (3) of section 336.2-312)
and the buyer is sued as a result of such a breach the buyer must so notify the seller within
a reasonable time after receiving 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 the
buyer's seller is answerable over
(a) the buyer may give that 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 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 336.2-312) the
original seller may demand in writing that the original seller's buyer turn over 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 336.2-312).
History: 1965 c 811 s 336.2-607; 1986 c 444
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 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 (subsection (3) of section 336.2-312)
and the buyer is sued as a result of such a breach the buyer must so notify the seller within
a reasonable time after receiving 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 the
buyer's seller is answerable over
(a) the buyer may give that 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 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 336.2-312) the
original seller may demand in writing that the original seller's buyer turn over 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 336.2-312).
History: 1965 c 811 s 336.2-607; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes