§ 2605. Waiver of objections of buyer by failure to
particularize.
(a) General rule.--The failure of the buyer 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:
(1) where the seller could have cured it if stated seasonably; or
(2) 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.
(b) Payment against defective documents.--Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents. (Apr. 16, 2008, P.L.57, No.13, eff. 60 days)
2008 Amendment. Act 13 amended subsec. (b).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 26 - Breach, Repudiation and Excuse
Section 2601 - Rights of buyer on improper delivery
Section 2602 - Manner and effect of rightful rejection
Section 2603 - Duties of merchant buyer as to rightfully rejected goods
Section 2604 - Options of buyer as to salvage of rightfully rejected goods
Section 2605 - Waiver of objections of buyer by failure to particularize
Section 2606 - What constitutes acceptance of goods
Section 2608 - Revocation of acceptance in whole or in part
Section 2609 - Right to adequate assurance of performance
Section 2610 - Anticipatory repudiation
Section 2611 - Retraction of anticipatory repudiation
Section 2612 - "Installment contract"; breach
Section 2613 - Casualty to identified goods
Section 2614 - Substituted performance