440.2605 Rejection of goods; failure of buyer to particularize defect.
136 words·~1 min read·
/mi/chapter-440/440-2605A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
440.2605 Rejection of goods; failure of buyer to particularize defect.
Sec. 2605.
(1)A buyer's failure to state in connection with rejection a particular defect that is ascertainable by reasonable inspection precludes the buyer from relying on the unstated defect to justify rejection or to establish breach if either of the following applies:
(a)The seller could have cured the defect if the buyer stated the defect seasonably.
(b)Between merchants, if the seller after rejection makes 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: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 2012, Act 87 , Eff. July 1, 2013