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§ 22-610. Copy; effect of acceptance and notice of claims

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 22. Maryland Uniform Computer Information Transactions Act (Refs & Annos)
Subtitle 6. Performance; General; Performance in Delivery of Copies; Special Types of Contracts; Loss and Impossibility; Termination (Refs & Annos)
Part I. General
MD Code, Commercial Law, § 22-610
§ 22-610. Copy; effect of acceptance and notice of claims
(a) A party accepting a copy shall pay or render the consideration required by the agreement for the copy it accepts. Acceptance of a copy precludes refusal and, if made with knowledge of a nonconformity in a tender, may not be revoked because of the nonconformity unless acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance by itself does not impair any other remedy for nonconformity.
(b) A party accepting a copy has the burden of establishing a breach of contract with respect to the copy.
(c) If a copy has been accepted, the accepting party shall:
(1) Except with respect to claims of a type described in § 22-805(d)(1) of this title, within a reasonable time after it discovers or should have discovered a breach of contract, notify the other party of the breach or be barred from any remedy for the breach; and
(2) If the claim is for breach of a warranty regarding noninfringement and the accepting party is sued by a third party because of the breach, notify the warrantor within a reasonable time after receiving notice of the litigation or be precluded from any remedy over for the liability established by the litigation.

Credits

Added by Acts 2000, c. 11, § 1, eff. Oct. 1, 2000. Amended by Acts 2000, c. 61, § 6, eff. April 25, 2000.
MD Code, Commercial Law, § 22-610, MD COML § 22-610
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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