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Pentecostal Church of Cincinnati, Inc. v. Brighter Day Bookstore and Gifts , 970 N.E.2d 441 (Ohio Ct. App. 2004).]
b. Failure to Make an Effective Rejection The buyer accepts the goods if, after a reasonable opportunity to inspect them, the buyer fails to make an effective rejection. A reasonable opportunity to inspect, in turn, seems to be a reasonable time for the buyer to ascertain whether the goods and the delivery conform to the contract. Some products, by their nature, require some period of use before the buyer can properly assess whether they conform to the contract. Here, the buyer may possess and use the products for a reasonable time before being deemed to have accepted them. [ See U.C.C. § 2-606(1)(b) (1951); United Airlines, Inc. v. Conductron Corp. , 387 N.E.2d 1272 (Ill. Ct. App. 1979); Manner of Rejection, infra .] Example : A wealthy socialite contracted to buy a yacht from a dealer. When the dealer tendered delivery, the socialite paid for and took possession of the yacht without complaint and used it for three months, until it caught fire and sank off the coast of New Jersey. At that point, the socialite tried to reject the yacht and obtain a refund. Here, the socialite most likely accepted the yacht. The socialite paid the purchase price, used the yacht for three months as though it were hers, and made no effort to reject it until it was destroyed. The attempted rejection came after a reasonable time for inspection and was thus ineffective. [ Adapted from Fanok v. Carver Boat Corp., LLC , 576 F.Supp.2d 404 (E.D.N.Y. 2008).] c. Act Inconsistent with the Seller’s Ownership The buyer accepts the goods by undertaking any action that is inconsistent with the seller’s ownership of the goods. However, if the act is wrongful as to the seller, then acceptance occurs only if the seller ratifies the act. What is more, the buyer’s reasonable use of the goods to mitigate its own harm may not be inconsistent with the seller’s ownership. Courts evaluate reasonableness considering (1) the harm the buyer would suffer if it did not use the goods, (2) any prejudice to the seller, and (3) whether the seller exhibited bad faith. [U.C.C. § 2-606(1)(c) (1951); 2 Hawkland UCC Series § 2-606:4, Westlaw (database updated June 2021).] Example : A restaurant owner contracted to buy tables from a manufacturer for use in a restaurant that the owner was just about to open. When the manufacturer delivered the tables, the owner noticed several defects. Even so, the owner used the tables for the next four weeks, because he needed the tables to open the restaurant on time and could not obtain
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