Idaho State Statutes - Idaho Attorney Directory

28-2-607 - EFFECT OF ACCEPTANCE -- NOTICE OF BREACH -- BURDEN OF ESTABLISHING BREACH AFTER ACCEPTANCE -- NOTICE OF CLAIM OR LITIGATION TO PERSON ANSWERABLE OVER

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 chapter 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 28-2-312) 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 (2) 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 28-2-312) 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) of section 28-2-312).

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