Waiver of lessee's objections.

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(1) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:

  1. If, stated seasonably, the lessor or the supplier could have cured it (section 4-2.5513); or

  2. Between merchants if the lessor or the supplier after rejection has made a request inwriting for a full and final written statement of all defects on which the lessee proposes to rely.

(2) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.

Source: L. 91: Entire article added, p. 307, § 1, effective July 1, 1992. L. 2006: (2) amended, p. 494, § 18, effective September 1.


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