Buyer Acceptance of Non-Conforming Goods Bars Breach Claim

A party claiming breach of contract regarding the sale of goods sued the seller, alleging that the delivery of the items did not conform to the agreed specifications; the trial court dismissed the claim, finding that the buyer had implicitly accepted the goods by failing to raise a timely and formal objection upon delivery and subsequent use, despite the alleged non-conformity. The higher court upheld the dismissal, reasoning that under the applicable commercial law, the absence of a prompt, formal reservation upon receipt and inspection of the delivered items, especially when they were subsequently put into service without protest, constituted a definitive acceptance that barred any later claim for non-conformity as a breach of contract.