Section 45.02.605. Waiver of buyer's objections by failure to particularize.

Latest version.

   (a) The buyer's failure to state in connection with rejection a particular defect that is ascertainable by reasonable inspection precludes the buyer from relying on the unstated defect to justify rejection or to establish breach
        (1) if the seller could have cured it if stated seasonably; or
        (2) between merchants if the seller has, after rejection, made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.
   (b) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.

Notes

History

(Sec. 2.605 ch 114 SLA 1962; am Sec. 23 ch 44 SLA 2009)

                    
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