§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.
[PL 2009, c. 324, Pt. B, §17 (AMD); PL 2009, c. 324, Pt. B, §48 (AFF).]
SECTION HISTORY
PL 2009, c. 324, Pt. B, §17 (AMD). PL 2009, c. 324, Pt. B, §48 (AFF).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Part 6: BREACH, REPUDIATION AND EXCUSE
11 §2-601. Buyer's rights on improper delivery
11 §2-602. Manner and effect of rightful rejection
11 §2-603. Merchant buyer's duties as to rightfully rejected goods
11 §2-604. Buyer's options as to salvage of rightfully rejected goods
11 §2-605. Waiver of buyer's objections by failure to particularize
11 §2-606. What constitutes acceptance of goods
11 §2-608. Revocation of acceptance in whole or in part
11 §2-609. Right to adequate assurance of performance
11 §2-610. Anticipatory repudiation
11 §2-611. Retraction of anticipatory repudiation
11 §2-612. "Installment contract"; breach
11 §2-613. Casualty to identified goods
11 §2-614. Substituted performance