KRS 355.2-607: 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 th e 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 barre d from any

remedy; and

(b) if the claim is one for infringement or the like (subsection (3) of KRS 355.2 -

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 litigati on 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 whic h 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 d etermination 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 KRS 355.2 -

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 KRS

355.2-312).