N.Y. Uniform Commercial Code 2-608 – Revocation of Acceptance in Whole or in Part
Section 2–608. Revocation of Acceptance in Whole or in Part.
Terms Used In N.Y. Uniform Commercial Code 2-608
- Buyer: means a person who buys or contracts to buy goods. See N.Y. Uniform Commercial Code 2-103
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Seller: means a person who sells or contracts to sell goods. See N.Y. Uniform Commercial Code 2-103
(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it
(a) on the reasonable assumption that its non-conformity would be
cured and it has not been seasonably cured; or
(b) without discovery of such non-conformity if his acceptance
was reasonably induced either by the difficulty of discovery
before acceptance or by the seller's assurances.
(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.
(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.