Subject to the provisions of this article on breach in installment contracts (section 4-2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (sections 4-2-718 and 4-2-719), 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.
Source: L. 65: p. 1327, § 1. C.R.S. 1963: § 155-2-601.
ANNOTATION
Buyer bound to accept undamaged part of goods. Where a minor part of the goods consigned to the buyer are damaged, but the entire shipment is rejected, the buyer is bound to accept such of the goods as are undamaged. Denver-Chicago Trucking Co. v. Republic Drug Co., 134 Colo. 461, 306 P.2d 1076 (1957) (decided under repealed § 121-1-69(1), CRS 53, uniform sales act).
Applied in Eccher v. Small Bus. Admin., 643 F.2d 1388 (10th Cir. 1981); Western Conference Resorts, Inc. v. Pease, 668 P.2d 973 (Colo. App. 1983); Mari v. Wagner Equipment Co., Inc., 721 P.2d 1208 (Colo. App. 1986).