440.2964 Rejection of goods; failure of lessee to state particular defect or reserve rights when paying consideration against documents; effect.
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440.2964 Rejection of goods; failure of lessee to state particular defect or reserve rights when paying consideration against documents; effect.
Sec. 2A514.
(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 if either of the following applies:
(a)If, stated seasonably, the lessor or the supplier could have cured the defect.
(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 in the documents.
History: Add. 1992, Act 101, Eff. Sept. 30, 1992 ;-- Am. 2012, Act 87 , Eff. July 1, 2013