Iowa Code

Iowa Code § 554.2607 (2026)

Effect of acceptance — notice of breach — burden of establishing breach after acceptance — notice of claim or litigation to person answerable over

✓ current as of July 2026

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1. The buyer must pay at the contract rate for any goods accepted.

2. Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this Article for nonconformity.

3. Where a tender has been accepted.

a. the buyer must within a reasonable time after the buyer discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and

b. if the claim is one for infringement or the like (section 554.2312, subsection 3) and the buyer is sued as a result of such a breach the buyer must so notify the seller within a reasonable time after the buyer receives notice of the litigation or be barred from any remedy over for liability established by the litigation.

4. The burden is on the buyer to establish any breach with respect to the goods accepted.

5. Where the buyer is sued for breach of a warranty or other obligation for which the buyer’s seller is answerable over

a. the buyer may give the buyer’s seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so the seller will be bound in any action against the seller by the seller’s buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend the seller is so bound.

b. if the claim is one for infringement or the like (section 554.2312, subsection 3) the original seller may demand in writing that the seller’s buyer turn over to the seller control of the litigation including settlement or else be barred from any remedy over and if the seller also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred.

6. The provisions of subsections 3, 4 and 5 apply to any obligation of a buyer to hold the seller harmless against infringement or the like (section 554.2312, subsection 3). [C24, 27, 31, 35, 39, §9970, 9978, 9998; C46, 50, 54, 58, 62, §554.42, 554.50, 554.70; C66, 71, 73, 75, 77, 79, 81, §554.2607] 2015 Acts, ch 29, §95 – 97 Referred to in §554.2714 \n

Notes of Decisions

Cited in 9 cases, 1982–2014 · leading case: Friedman & Friedman, Ltd. v. Tim Mccandless, Inc., 606 F.3d 494 (8th Cir. 2010).

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Friedman & Friedman, Ltd. v. Tim Mccandless, Inc., 606 F.3d 494 (8th Cir. 2010). · cites it 2× “Failure of timely notice of nonconformity is a defense to the claim for breach of contract, Iowa Code § 554.2607 (3)(a), and McCandless objected to the district court's failure so to instruct the jury.”

Wright v. Brooke Grp. Ltd., 114 F. Supp. 2d 797 (N.D. Iowa 2000). · cites it 2× “Thus, plaintiffs appear to be asserting that the defendants were on “constructive notice” of the alleged defects in their cigarettes in light of the vast amount of litigation. Lastly, plaintiffs argue that notice of their warranty claims was provided in the form of this lawsuit.”

Kolarik v. Cory Int'l Corp., 721 N.W.2d 159 (Iowa 2006). “section 2-607 ( Iowa Code § 554.2607 ) states that remote buyers falling within this class of beneficiaries are not required to give the notice to seller that is otherwise required by section 554.”

Randa v. U.S. Homes, Inc., 325 N.W.2d 905 (Iowa Ct. App. 1982). “Plywood asserts that defendant failed properly to plead and prove notice of an alleged breach of warranty of merchantability as required by Iowa Code § 554.2607 (3) (1981). It has been held that “the giving of a notice must be pleaded as a condition precedent to recovery.”

Midwest Hatchery & Poultry Farms, Inc. v. Doorenbos Poultry, Inc., 783 N.W.2d 56 (Iowa Ct. App. 2010). “Iowa Code § 554.2607 (3)(a). The parties’ contract provided the purchaser was required to inform Midwest Hatchery of any suspected problems within thirty days from the date of delivery.”

Trs. of Iowa Laborers Dist. Council Health & Welfare Trust v. Ankeny Cmty. Sch. Dist., 865 N.W.2d 270 (Iowa Ct. App. 2014). “First, it argues Grove Masonry failed to plead in its cross-complaint that it provided Oldcas-tle notice of the defective CMUs.”

Meat Requirements Coordination, Inc. v. Ggo, Inc., 673 F.2d 229 (8th Cir. 1982). “See Iowa Code Ann. § 554.2607 (2) (1967) (UCC § 2-607(2)).”

Trs. of the Iowa Laborers Dist. Council Health & Welfare Trust Trs. of the Laborers Nat'l Pension Fund & Trs. of the Iowa Builders Ret. Fund v. Ankeny Cmty. Sch. Dist., Betts & Beer Constr. Co., Inc., W. Sur. Co., Grove Masonry, Inc., Twin City Concrete Prods. Co., Sioux City Brick & Tile Co., & Oldcastle Apg., Inc., Oldcastle Apg West, Inc. A/K/A Rhino Materials defendant/crossclaim v. Grove Masonry, Inc., Crossclaim (Iowa Ct. App. 2014). “First, it argues Grove Masonry failed to plead in its cross-complaint that it provided Oldcastle notice of the defective CMUs.”

Douglas C. Kolarik Vs. Cory Int'l Corp., Italica Imports, & Tee Pee Olives, Inc. (Iowa 2006). “section 2-607 ( Iowa Code § 554.2607 ) states that remote buyers falling within this class of beneficiaries are not required to give the notice to seller that is otherwise required by section 554.”

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