28-2-605. WAIVER OF BUYER’S OBJECTIONS BY FAILURE TO PARTICULARIZE. (1) The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him 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:
[28-2-605, added 1967, ch. 161, sec. 2-605, p. 351; am. 2004, ch. 42, sec. 13, p. 108.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Part 6 - BREACH, REPUDIATION AND EXCUSE
Section 28-2-601 - BUYER’S RIGHTS ON IMPROPER DELIVERY.
Section 28-2-602 - MANNER AND EFFECT OF RIGHTFUL REJECTION.
Section 28-2-603 - MERCHANT BUYER’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
Section 28-2-604 - BUYER’S OPTIONS AS TO SALVAGE OF RIGHTFULLY REJECTED GOODS.
Section 28-2-605 - WAIVER OF BUYER’S OBJECTIONS BY FAILURE TO PARTICULARIZE.
Section 28-2-606 - WHAT CONSTITUTES ACCEPTANCE OF GOODS.
Section 28-2-608 - REVOCATION OF ACCEPTANCE IN WHOLE OR IN PART.
Section 28-2-609 - RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE.
Section 28-2-610 - ANTICIPATORY REPUDIATION.
Section 28-2-611 - RETRACTION OF ANTICIPATORY REPUDIATION.
Section 28-2-612 - “INSTALLMENT CONTRACT” — BREACH.
Section 28-2-613 - CASUALTY TO IDENTIFIED GOODS.
Section 28-2-614 - SUBSTITUTED PERFORMANCE.
Section 28-2-615 - EXCUSE BY FAILURE OF PRESUPPOSED CONDITIONS.