Sec. 42a-2-605. Waiver of buyer's objections by failure to particularize.
Sec. 42a-2-605. Waiver of buyer's objections by failure to particularize. (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 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.
(1959, P.A. 133, S. 2-605; P.A. 04-64, S. 53.)
History: P.A. 04-64 amended Subsec. (2) by replacing "on the face of the documents" with "in the documents" to
conform to revisions made to article 7 by the same act.
Cited. 182 C. 561. Cited. 202 C. 277.
Subsec. (1):
Cited. 189 C. 433.
Cited. 5 Conn. Cir. Ct. 447.