Sec. 2.605. WAIVER OF BUYER'S OBJECTIONS BY FAILURE TO PARTICULARIZE. (a) 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
(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 documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 11, eff. September 1, 2005.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Subchapter F. Breach, Repudiation and Excuse
Section 2.601. Buyer's Rights on Improper Delivery
Section 2.602. Manner and Effect of Rightful Rejection
Section 2.603. Merchant Buyer's Duties as to Rightfully Rejected Goods
Section 2.604. Buyer's Options as to Salvage of Rightfully Rejected Goods
Section 2.605. Waiver of Buyer's Objections by Failure to Particularize
Section 2.606. What Constitutes Acceptance of Goods
Section 2.608. Revocation of Acceptance in Whole or in Part
Section 2.609. Right to Adequate Assurance of Performance
Section 2.610. Anticipatory Repudiation
Section 2.611. Retraction of Anticipatory Repudiation
Section 2.612. "Installment Contract"; Breach
Section 2.613. Casualty to Identified Goods
Section 2.614. Substituted Performance