Acceptance of goods

K.S.A. 84-2a-515, under SALES.

K.S.A. 84-2a-515

84-2a-515. Acceptance of goods. (1) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods; and (a) the lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or (b) the lessee fails to make an effective rejection of the goods (K.S.A. 84-2a-509(2)). (2) Acceptance of a part of any commercial unit is acceptance of that entire unit. History: L. 1991, ch. 295, § 63; February 1, 1992. KANSAS COMMENT, 1996 This section defines what conduct of the lessee constitutes an acceptance of the goods. It is based on section 84-2-606, but omits paragraph (1)(c) of that section, which provides that acceptance occurs when the buyer does any act inconsistent with the seller's ownership of the goods. The Official Comments indicate that the omitted paragraph was "irrelevant given the lessee's possession and use of the leased goods." However, at least some of the substance of the omitted paragraph is included in paragraph (1)(a) of this section, under which a lessee accepts the goods when it signifies to the lessor or "acts with respect to the goods in a manner that signifies to the lessor" that it is taking the goods. The quoted language does not appear in the statutory analogue. Note that in a finance lease the lessee can accept by signifying it will take the goods either to the lessor or to the supplier of the goods, which is the party that ordinarily will tender the goods and to whom the lessee looks for warranty protection. See 1996 Kansas Comment 3 to 84-2a-103. The consequences of the lessee's acceptance of the goods are set out in section 84-2a-516. For further discussion of acceptance, see 1996 Kansas Comments 2 and 3 to 84-2-606.