(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 (subsection (1) of section 4-2-602), 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.
Source: L. 65: p. 1329, § 1. C.R.S. 1963: § 155-2-606.
ANNOTATION
Acceptance presumed after five days. Under this section where goods ordered were delivered to the buyer who took physical possession and control of them, stored them, and retained them for five days, such buyer was presumed to have accepted them. Vanadium Corp. of Am. v. Wesco Stores Co., 135 Colo. 77, 308 P.2d 1011 (1957) (decided under repealed § 121-1-48, CRS 53, uniform sales act).
Failure to reject constitutes acceptance. Purchaser's failure seasonably to notify seller of the ultimate rejection of such of the goods as purchaser deemed unusable renders any claim of rejection ineffective, and constitutes an acceptance. Surplus Electronics Corp. v. Gallin, 653 P.2d 752 (Colo. App. 1982).
Applied in Hummel v. Skyline Dodge, Inc., 41 Colo. App. 572, 589 P.2d 73 (1978); 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).