(1) The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes the buyer 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 on the face of the documents. [1961 c.726 §72.6050]
Section: Previous 72.5130 72.5140 72.5150 72.6010 72.6020 72.6030 72.6040 72.6050 72.6060 72.6070 72.6080 72.6090 72.6100 72.6110 72.6120 NextLast modified: August 7, 2008