(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) Where 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.
History.—s. 1, ch. 65-254; s. 590, ch. 97-102; s. 14, ch. 2010-131.
Note.—s. 2-605, U.C.C.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 672 - Uniform Commercial Code: Sales
Part VI - Breach, Repudiation, and Excuse (Ss. 672.601-672.616)
672.601 - Buyer’s rights on improper delivery.
672.602 - Manner and effect of rightful rejection.
672.603 - Merchant buyer’s duties as to rightfully rejected goods.
672.604 - Buyer’s options as to salvage of rightfully rejected goods.
672.605 - Waiver of buyer’s objections by failure to particularize.
672.606 - What constitutes acceptance of goods.
672.608 - Revocation of acceptance in whole or in part.
672.609 - Right to adequate assurance of performance.
672.610 - Anticipatory repudiation.
672.611 - Retraction of anticipatory repudiation.
672.612 - “Installment contract”; breach.
672.613 - Casualty to identified goods.
672.614 - Substituted performance.