| (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:
| (a) |
if, stated seasonably, the lessor or the supplier could have cured it as provided in Section 70A-2a-513; or |
| (b) |
between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely. |
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| (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. |
Amended by Chapter 42, 2006 General Session
