TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 2

UNIFORM COMMERCIAL CODE — SALES

PART 6.

BREACH, REPUDIATION AND EXCUSE

28-2-605.  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.

History:

[28-2-605, added 1967, ch. 161, sec. 2-605, p. 351; am. 2004, ch. 42, sec. 13, p. 108.]