Waiver of buyer’s objections by failure to particularize
[C66, 71, 73, 75, 77, 79, 81, §554.2605] 2007 Acts, ch 30, §45, 46, 59
1. The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes the buyer from relying on the unstated defect to justify rejection or to establish breach:
- a. where the seller could have cured it if stated seasonably; or
- b. between merchants when 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.
- 2. Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
[C66, 71, 73, 75, 77, 79, 81, §554.2605] 2007 Acts, ch 30, §45, 46, 59