Waiver of buyer's objections by failure to particularize

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  • (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 on the face of the documents.


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