(a) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:
(1) If, stated seasonably, the lessor or the supplier could have cured it (§ 28:2A-513); or
(2) Between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.
(b) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent on the face of the documents.
CREDIT(S)
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
Uniform Statutory Source: Section 2-605.
Changes: Revised to reflect leasing practices and terminology.
Purposes: The principles applicable to the commercial practice of payment against documents (subsection 2) are explained in official comment 4 to Section 2-605, the statutory analogue to this section.
Cross Reference:
Section 2-605 official comment 4.
Definitional Cross References:
“Between merchants”. Section 2-104(3).
“Goods”. Section 2A-103(1)(h).
“Lessee”. Section 2A-103(1)(n).
“Lessor”. Section 2A-103(1)(p).
“Rights”. Section 1-201(36).
“Seasonably”. Section 1-204(3).
“Supplier”. Section 2A-103(1)(x).
“Writing”. Section 1-201(46).
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 28:2A-514.
Legislative History of Laws
For legislative history of D.C. Law 9-128, see Historical and Statutory Notes following § 28:2A-101.