(1) 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:
(a) If, stated seasonably, the lessor or the supplier could have cured it under ORS 72A.5130; or
(b) 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.
(2) 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. [1989 c.676 §61]
Section: Previous 72A.5070 72A.5080 72A.5090 72A.5100 72A.5110 72A.5120 72A.5130 72A.5140 72A.5150 72A.5160 72A.5170 72A.5180 72A.5190 72A.5200 72A.5210 NextLast modified: August 7, 2008