Florida/Georgia Personal Injury & Workers Compensation

...In either event, the trial court specifically held that the failure of Lurgi to reject the pipe within 30 days from delivery made it liable for the 93% of the pipe delivered. NASCO contends that the fabricated pipes are goods defined in Fla.Stat § 672.105 and that under Fla. Stat. § 672.606(1)(b) Lurgi failed to make an effective rejection of the goods within a reasonable time after it had an opportunity to inspect them....

...at the fabricated pipe could properly be characterized as goods within the meaning of Fla. Stat. § 672.105. Nevertheless, even if it be conceded that the 30-day period was the specified reasonable length of time to reject the goods under Fla. Stat. § 672.606(1)(b), Lurgi's failure to do so did not leave it without a defense against NASCO's claim. The pertinent statutes read as follows: "672.606 What constitutes acceptance of goods (1) Acceptance of goods occurs when the buyer: * * * * * * (b) Fails to make an effective rejection (§ 672.602(1)), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or ......

...A buyer's failure to pay for goods "accepted" constitutes a breach of a sales contract. See Fla. Stat. § 672.607(1) ("The buyer must pay at the contract price for any goods accepted."); see also Fla. Stat. § 672.703 (providing for seller's remedies upon a buyer's failure to make payment due on or before delivery). Section 672.606 governs what constitutes acceptance of goods by a buyer. Under § 672.606, acceptance occurs when the buyer: (a) After a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that the buyer will take or retain them in spite of their nonconformity; or (b) Fails to make an effective rejection (s.672.602(1)), 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. Fla. Stat. § 672.606(1)....

...[5] Before granting rescission compliance with applicable UCC provisions must be shown. See Winterbotham v. Computer Corps, Inc., 490 So.2d 1282 (Fla. 5th DCA 1986); Royco, Inc. v. Cottengim, 427 So.2d 759 (Fla. 5th DCA), review denied, 431 So.2d 989 (Fla. 1983). [6] §§ 672.102, 672.206, 672.201(1), Fla. Stat. (1985). [7] § 672.606(1), Fla....

...nce. Further, Blakey did not effectively reject the engines. Accordingly, assuming that an express warranty as to the condition of the goods was provided by Euroworld's representative, Blakey waived that defense under Florida law. 7. Under the code, § 672.606, acceptance of goods occurs when the buyer, 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....

...§ 672.607(1), which provides, "[t]he buyer must pay at the contract rate for any goods accepted." Goods are considered accepted where the buyer, after having a reasonable opportunity to inspect the goods, fails to make an effective rejection of the goods as required under Fla. Stat. § 672.602(1). See Fla. Stat. § 672.606(b)....

...t. Under the Uniform Commercial Code, an acceptance of goods occurs when the buyer, after a reasonable opportunity to inspect the goods, signifies to the seller that the goods are conforming or that he will take them in spite of their nonconformity. § 672.606, Fla....

...rt that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or (c) With respect to goods for which payment has been made and accepted or which have been received and accepted (s.672.606)....

...Finley admits that the Corvettes were placed with the Debtor with a set price established for the prospective sale of each vehicle, then once the Corvettes were physically placed in the Debtor's inventory, the Debtor accepted the goods as defined by Fla. Stat. § 672.201(3)(c). Acceptance is defined under Fla. Stat. § 672.606: (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 the buyer will take or retain them in spite of their nonconformity; or (b...

...Acceptance of goods occurs when the buyer, after a reasonable opportunity to inspect them, signifies that the goods are conforming or will be accepted despite a nonconformity; or if the buyer fails to make an effective rejection after having a reasonable opportunity to inspect the goods. Fla. Stat. § 672.606....

...roof under these circumstances in establishing any defect is on the buyer (here the debtor). Section 672.607(4), Florida Statutes, provides that the burden is on the buyer to establish a breach with respect to goods accepted. Acceptance occurs under Section 672.606, Florida Statutes, when the buyer fails to make an effective rejection after having a reasonable opportunity to inspect the goods....

the Uniform Commercial Code as codified in section 672.606(1), Fla.Stat. (1993). The appellant’s act of

PER CURIAM. Affirmed. See § 672.606, Fla....