Legislation
SECTION 2-605
Waiver of Buyer's Objections by Failure to Particularize
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 6
Section 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.
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.