Okla. Stat. tit. 12A § 2-601

Current through Laws 2024, c. 453.
Section 2-601 - Buyer's Rights on Improper Delivery

Subject to the provisions of this article on breach in installment contracts (Section 2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (Sections 2-718 and 2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may

(a) reject the whole; or
(b) accept the whole; or
(c) accept any commercial unit or units and reject the rest.

Okla. Stat. tit. 12A, § 2-601

Laws 1961, p. 92, § 2-601.

Oklahoma Code Comment

(a) and (b) These are well established previous general rules of law, subject to the rule that the buyer cannot reject for defects known to him at the time of the contract of purchase. See Section 2-316 . Previous Oklahoma law is in accord with both rules. Bower-Venus Grain Co. v. Norman Milling & Grain Co., 86 Okl. 152, 207 P. 297 (1922); Hurley Gasoline Co. v. Johnson Oil Refining Co. 118 Okl. 26, 246 P. 438 (1926); T. H. Rogers Lumber Co. v. M. W. Judd Lumber Co., 52 Okl. 387, 153 P. 150; Benjamin Colitz & Co. v. Davis, 177 Okl. 607, 62 P.2d 67 (1936).

(c) The Uniform Sales Act (not adopted in Oklahoma) provides that when the seller tenders non-conforming goods in quantity (too many or too few), the buyer can accept the conforming goods and reject the rest, but if the breach is in quality (proper number, but of inferior quality), the buyer must either accept in whole or reject in whole. In such a case, acceptance of a part was acceptance in v. hole. Previous Oklahoma law is apparently accord with the Uniform Sales Act rule. See Goldstandt-Powell Hat Co. v. Cuff, 19 Okl. 243,91 P.862 (1907) and Simonoff v. Parsons, 52 Okl. 600,153 P.152 (1915). The Commercial Code changes this rule. The buyer may reject in part, and accept in part, any commercial units, without regard as to whether the defects were in quality or quantity. Note, that acceptances under Section 2-601 does not preclude an action for breach of contract or breach of warranty under Section 2- 607 .