- (1) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach
- (a) Where the seller could have cured if it 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.
Source: SL 1966, ch 150 , § 2-605; SDCL §§ 57-7-9, 57-7-10; SL 2009, ch 254 , § 815.