§490:2-608 Revocation of acceptance in whole or in part. (1) The buyer may revoke his acceptance of a lot or commercial units whose nonconformity substantially impairs its value to him if he has accepted it:
(a) On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or
(b) Without discovery of such nonconformity 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. [L 1965, c 208, §2-608; HRS §490:2-608]
Case Notes
Even assuming the parties intended defendant to be bound by specifications provided by plaintiff and the vinyl louvers manufactured by defendant were nonconforming, genuine issues of material fact remained as to plaintiff's revocation of acceptance of the louvers; the window installation subcontractor's cutting and installation of the louvers did not substantially change the louvers for the purposes of revocation. 591 F. Supp. 2d 1131 (2008).
Did not authorize defendant to revoke acceptance of nonconforming goods where defendant prevented plaintiff's reasonable attempts to seasonably cure the nonconformity. 10 H. App. 368, 874 P.2d 1100.
Section: Previous 490-2-601 490-2-602 490-2-603 490-2-604 490-2-605 490-2-606 490-2-607 490-2-608 490-2-609 490-2-610 490-2-611 490-2-612 490-2-613 490-2-614 490-2-615 NextLast modified: October 27, 2016