New Jersey § 12a:2-607
Full text of New Jersey New Jersey Statutes § 12a:2-607, with citation guidance and answers to common questions.
§ 12a:2-607.
(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 non-conformity cannot be revoked because of it unless
the acceptance was on the reasonable assumption that the non-conformity would be seasonably
cured but acceptance does not of itself impair any other remedy provided by this Chapter
for non-conformity. (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 12A: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 12A: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 12A:2-312).
Frequently Asked Questions About New Jersey § 12a:2-607
What does New Jersey Statutes § 12a:2-607 cover?
Section 12a:2-607 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 12a:2-607?
A common citation format is "New Jersey Statutes § 12a:2-607" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12a:2-607 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.