2009 Connecticut Code
Title 42a Uniform Commercial Code
Article 2 Sales
Sec. 42a-2-606. What constitutes acceptance of goods.

      Sec. 42a-2-606. What constitutes acceptance of goods. (1) Acceptance of goods occurs when the buyer (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or (b) fails to make an effective rejection as provided by subsection (1) of section 42a-2-602, but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or (c) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.

      (2) Acceptance of a part of any commercial unit is acceptance of that entire unit.

      (1959, P.A. 133, S. 2-606.)

      Annotations to former statute (1958 Rev., S. 42-48):

      Acceptance may be found from facts of transaction, though vendor never actually intended to accept. 66 C. 67. Failure to return goods in reasonable time as evidence of acceptance. Id.; 91 C. 71; 104 C. 680. Acceptance under this section and under statute of frauds distinguished. 75 C. 375; 76 C. 229; 90 C. 342. Acceptance defined. 86 C. 22. Part payment not necessarily acceptance. 91 C. 188. Retention of automobile for nearly two years and offering it for sale held to constitute acceptance. Id., 732. Where contract provides goods may be returned if not salable, payment in full to obtain discount is not an acceptance; reasonable time allowed to ascertain salability. 93 C. 106. Acceptance of one installment does not preclude rejection of another which does not conform to contract. Id., 688. Buyer has reasonable opportunity for inspection; but acceptance cannot be conditional. 97 C. 210. Where buyer refuses to accept goods even before they are shipped, seller has a present right of action and need not tender delivery. 98 C. 418. Use of tractor as acceptance; acceptance of goods as evidence of acceptance of offer to sell goods. 99 C. 150. Failure to claim for a year that waterproofing materials were unsatisfactory is sufficient to find acceptance. 111 C. 567. Use by buyer of some of goods and retention of others for a long time, without notice of rejection to seller, establishes acceptance as matter of law. 112 C. 187. In view of defendant's letter of limitation, the retention of goods did not give rise to liability. 137 C. 399. Cited. 138 C. 123. Ordering the carrier to deliver to a third party after delivery to buyer is an act inconsistent with the ownership of the seller. 143 C. 276.

      Annotations to present section:

      Underlying facts supported a finding that purchaser of boat had accepted the boat from a boat dealership. 285 C. 294.

      Buyer's limited use of a copying machine for two months after it notified the seller of its rejection, and the limited use by a charitable organization, were not sufficient to constitute acceptance of the machine or to affect the validity of the rejection. 1 CA 690. Cited. 27 CA 688.

      Implicit in finding that there had been no effective rejection was finding that acceptance had been made. 5 Conn. Cir. Ct. 444.

      Subsec. (1):

      Subdiv. (b) cited. 183 C. 266. Cited. 189 C. 433. Cited. 202 C. 277. Cited. 218 C. 297.