(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 (Section 2A-513); 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 in the documents.
Structure Delaware Code
§ 2A-502. Notice after default.
§ 2A-503. Modification or impairment of rights and remedies.
§ 2A-504. Liquidation of damages.
§ 2A-506. Statute of limitations.
§ 2A-507. Proof of market rent: Time and place.
§ 2A-509. Lessee's rights on improper delivery; rightful rejection.
§ 2A-510. Installment lease contracts: Rejection and default.
§ 2A-511. Merchant lessee's duties as to rightfully rejected goods.
§ 2A-512. Lessee's duties as to rightfully rejected goods.
§ 2A-513. Cure by lessor of improper tender or delivery; replacement.
§ 2A-514. Waiver of lessee's objections.
§ 2A-515. Acceptance of goods.
§ 2A-517. Revocation of acceptance of goods.
§ 2A-518. Cover, substitute goods.
§ 2A-520. Lessee's incidental and consequential damages.
§ 2A-521. Lessee's right to specific performance or replevin.
§ 2A-522. Lessee's right to goods on lessor's insolvency.
§ 2A-524. Lessor's right to identify goods to lease contract.
§ 2A-525. Lessor's right to possession of goods.
§ 2A-526. Lessor's stoppage of delivery in transit or otherwise.
§ 2A-527. Lessor's rights to dispose of goods.
§ 2A-528. Lessor's damages for non-acceptance, failure to pay, repudiation, or other default.
§ 2A-529. Lessor's action for the rent.
§ 2A-530. Lessor's incidental damages.
§ 2A-531. Standing to sue third parties for injury to goods.