{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-607.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-607.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-607.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-607.html"}],"law_id":74581,"edition_id":1,"section_id":74581,"structure_id":13474,"section_number":"8.2-607","catch_line":"Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over","history":"1964, c. 219.","full_text":"1\n\nThe buyer must pay at the contract rate for any goods accepted.2\n\nAcceptance 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 title for nonconformity.3\n\nWhere a tender has been accepteda\n\nthe 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; andb\n\nif the claim is one for infringement or the like (subsection (3) of § 8.2-312) 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\n\nThe burden is on the buyer to establish any breach with respect to the goods accepted.5\n\nWhere the buyer is sued for breach of a warranty or other obligation for which his seller is answerable overa\n\nhe 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\n\nif the claim is one for infringement or the like (subsection (3) of § 8.2-312) 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\n\nThe 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 § 8.2-312).","order_by":null,"text":{"0":{"id":268026,"text":"The buyer must pay at the contract rate for any goods accepted.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":268027,"text":"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 title for nonconformity.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":268028,"text":"Where a tender has been accepted","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3a"},"3":{"id":268029,"text":"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","type":"section","prefixes":["3","a"],"prefix":"a","entire_prefix":"3a","prefix_anchor":"3a","level":2,"prior_prefix":"3","next_prefix":"3b"},"4":{"id":268030,"text":"if the claim is one for infringement or the like (subsection (3) of § 8.2-312) 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.","type":"section","prefixes":["3","b"],"prefix":"b","entire_prefix":"3b","prefix_anchor":"3b","level":2,"prior_prefix":"3a","next_prefix":"4"},"5":{"id":268031,"text":"The burden is on the buyer to establish any breach with respect to the goods accepted.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3b","next_prefix":"5"},"6":{"id":268032,"text":"Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5a"},"7":{"id":268033,"text":"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.","type":"section","prefixes":["5","a"],"prefix":"a","entire_prefix":"5a","prefix_anchor":"5a","level":2,"prior_prefix":"5","next_prefix":"5b"},"8":{"id":268034,"text":"if the claim is one for infringement or the like (subsection (3) of § 8.2-312) 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.","type":"section","prefixes":["5","b"],"prefix":"b","entire_prefix":"5b","prefix_anchor":"5b","level":2,"prior_prefix":"5a","next_prefix":"6"},"9":{"id":268035,"text":"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 § 8.2-312).","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5b"}},"ancestry":[{"id":13474,"edition_id":1,"name":"Breach, Repudiation and Excuse","identifier":"6","label":"part","depth":2,"order_by":1,"parent_id":13346,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":282199,"object_type":"structure","relational_id":13474,"identifier":"6","token":"8.2\/6","url":"\/8.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13346,"edition_id":1,"name":"Commercial Code - Sales","identifier":"8.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":281931,"object_type":"structure","relational_id":13346,"identifier":"8.2","token":"8.2","url":"\/8.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65792,"structure_id":13474,"section_number":"8.2-601","catch_line":"Buyer's rights on improper delivery","url":"\/8.2-601\/","token":"8.2\/6\/8.2-601","metadata":false},{"id":66830,"structure_id":13474,"section_number":"8.2-602","catch_line":"Manner and effect of rightful rejection","url":"\/8.2-602\/","token":"8.2\/6\/8.2-602","metadata":false},{"id":61294,"structure_id":13474,"section_number":"8.2-603","catch_line":"Merchant buyer's duties as to rightfully rejected goods","url":"\/8.2-603\/","token":"8.2\/6\/8.2-603","metadata":false},{"id":72944,"structure_id":13474,"section_number":"8.2-604","catch_line":"Buyer's options as to salvage of rightfully rejected goods","url":"\/8.2-604\/","token":"8.2\/6\/8.2-604","metadata":false},{"id":73162,"structure_id":13474,"section_number":"8.2-605","catch_line":"Waiver of buyer's objections by failure to particularize","url":"\/8.2-605\/","token":"8.2\/6\/8.2-605","metadata":false},{"id":62398,"structure_id":13474,"section_number":"8.2-606","catch_line":"What constitutes acceptance of goods","url":"\/8.2-606\/","token":"8.2\/6\/8.2-606","metadata":false},{"id":74581,"structure_id":13474,"section_number":"8.2-607","catch_line":"Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over","url":"\/8.2-607\/","token":"8.2\/6\/8.2-607","metadata":false},{"id":68731,"structure_id":13474,"section_number":"8.2-608","catch_line":"Revocation of acceptance in whole or in part","url":"\/8.2-608\/","token":"8.2\/6\/8.2-608","metadata":false},{"id":70729,"structure_id":13474,"section_number":"8.2-609","catch_line":"Right to adequate assurance of performance","url":"\/8.2-609\/","token":"8.2\/6\/8.2-609","metadata":false},{"id":72611,"structure_id":13474,"section_number":"8.2-610","catch_line":"Anticipatory repudiation","url":"\/8.2-610\/","token":"8.2\/6\/8.2-610","metadata":false},{"id":74264,"structure_id":13474,"section_number":"8.2-611","catch_line":"Retraction of anticipatory repudiation","url":"\/8.2-611\/","token":"8.2\/6\/8.2-611","metadata":false},{"id":54438,"structure_id":13474,"section_number":"8.2-612","catch_line":"\"Installment contract\"; breach","url":"\/8.2-612\/","token":"8.2\/6\/8.2-612","metadata":false},{"id":77785,"structure_id":13474,"section_number":"8.2-613","catch_line":"Casualty to identified goods","url":"\/8.2-613\/","token":"8.2\/6\/8.2-613","metadata":false},{"id":58568,"structure_id":13474,"section_number":"8.2-614","catch_line":"Substituted performance","url":"\/8.2-614\/","token":"8.2\/6\/8.2-614","metadata":false},{"id":63012,"structure_id":13474,"section_number":"8.2-615","catch_line":"Excuse by failure of presupposed conditions","url":"\/8.2-615\/","token":"8.2\/6\/8.2-615","metadata":false},{"id":81517,"structure_id":13474,"section_number":"8.2-616","catch_line":"Procedure on notice claiming excuse","url":"\/8.2-616\/","token":"8.2\/6\/8.2-616","metadata":false}],"previous_section":{"id":62398,"structure_id":13474,"section_number":"8.2-606","catch_line":"What constitutes acceptance of goods","url":"\/8.2-606\/","token":"8.2\/6\/8.2-606","metadata":false},"next_section":{"id":68731,"structure_id":13474,"section_number":"8.2-608","catch_line":"Revocation of acceptance in whole or in part","url":"\/8.2-608\/","token":"8.2\/6\/8.2-608","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-607\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":56369,"section_number":"8.2-714","catch_line":"Buyer's damages for breach in regard to accepted goods","order_by":null,"url":"\/8.2-714\/"}],"refers_to":[{"id":82723,"section_number":"8.2-312","catch_line":"Warranty of title and against infringement; buyer's obligation against infringement","order_by":null,"url":"\/8.2-312\/"}],"permalink":{"id":282225,"object_type":"law","relational_id":74581,"identifier":"8.2-607","token":"8.2\/6\/8.2-607","url":"\/8.2-607\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-607\/","token":"8.2\/6\/8.2-607","dublin_core":{"Title":"Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-607","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> The buyer must pay at the contract<\/span> rate for any goods accepted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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 title for nonconformity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Where a tender has been accepted <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> if the claim is one for infringement or the like (subsection (3) of § 8.2-312<\/a>) 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<\/span> or be barred from any remedy over for liability established by the litigation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The burden is on the buyer to establish any breach with respect to the goods accepted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> he may give his seller written notice of the litigation<\/span>. 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<\/span> common to the two litigations<\/span>, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> if the claim is one for infringement or the like (subsection (3) of § 8.2-312<\/a>) the original seller may demand in writing that his buyer turn over to him control of the litigation<\/span> including settlement<\/span> or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment<\/span>, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> 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 § 8.2-312<\/a>). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF ACCEPTANCE; NOTICE OF BREACH; BURDEN OF ESTABLISHING BREACH AFTER\nACCEPTANCE; NOTICE OF CLAIM OR LITIGATION TO PERSON ANSWERABLE OVER (\u00a7 8.2-607)\n\n1. The buyer must pay at the contract rate for any goods accepted.\n\n2. Acceptance of goods by the buyer precludes rejection of the goods accepted\nand if made with knowledge of a nonconformity cannot be revoked because of it\nunless the acceptance was on the reasonable assumption that the nonconformity\nwould be seasonably cured but acceptance does not of itself impair any other\nremedy provided by this title for nonconformity.\n\n3. Where a tender has been accepted\n\n a. the buyer must within a reasonable time after he discovers or should have\n discovered any breach notify the seller of breach or be barred from any\n remedy; and\n\n b. if the claim is one for infringement or the like (subsection (3) of §\n 8.2-312) and the buyer is sued as a result of such a breach he must so notify\n the seller within a reasonable time after he receives notice of the litigation\n or be barred from any remedy over for liability established by the litigation.\n\n4. The burden is on the buyer to establish any breach with respect to the goods\naccepted.\n\n5. Where the buyer is sued for breach of a warranty or other obligation for\nwhich his seller is answerable over\n\n a. he may give his seller written notice of the litigation. If the notice\n states that the seller may come in and defend and that if the seller does not\n do so he will be bound in any action against him by his buyer by any\n determination of fact common to the two litigations, then unless the seller\n after seasonable receipt of the notice does come in and defend he is so bound.\n\n b. if the claim is one for infringement or the like (subsection (3) of §\n 8.2-312) the original seller may demand in writing that his buyer turn over to\n him control of the litigation including settlement or else be barred from any\n remedy over and if he also agrees to bear all expense and to satisfy any\n adverse judgment, then unless the buyer after seasonable receipt of the demand\n does turn over control the buyer is so barred.\n\n6. The provisions of subsections (3), (4) and (5) apply to any obligation of a\nbuyer to hold the seller harmless against infringement or the like (subsection\n(3) of § 8.2-312).\n\nHISTORY: 1964, c. 219.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}