70A-2-605 - Waiver of buyer's objections by failure to particularize.
70A-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 isascertainable by reasonable inspection precludes him from relying on the unstated defect tojustify 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 afull 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 ofthe payment for defects apparent in the documents.
Amended by Chapter 42, 2006 General Session