41-02-68. (2-605) Waiver of buyer's objections by failure to particularize.
98 words·~1 min read·
/nd/title-41/chapter-41-02-sales/41-02-68·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. If 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.