30-2-605. 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 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: En. Sec. 2-605, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-605; amd. Sec. 21, Ch. 575, L. 2005.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
Part 6. Breach, Repudiation, and Excuse
30-2-601. Buyer's rights on improper delivery
30-2-602. Manner and effect of rightful rejection
30-2-603. Merchant buyer's duties as to rightfully rejected goods
30-2-604. Buyer's options as to salvage of rightfully rejected goods
30-2-605. Waiver of buyer's objections by failure to particularize
30-2-606. What constitutes acceptance of goods
30-2-608. Revocation of acceptance in whole or in part
30-2-609. Right to adequate assurance of performance
30-2-610. Anticipatory repudiation
30-2-611. Retraction of anticipatory repudiation
30-2-612. "Installment contract" -- breach
30-2-613. Casualty to identified goods
30-2-614. Substituted performance