Oregon Statutes 72.6050 – Waiver of buyers objections by failure to particularize
Current as of: 2023 | Check for updates
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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 the buyer from relying on the unstated defect to justify rejection or to establish breach:
Terms Used In Oregon Statutes 72.6050
- Buyer: means a person who buys or contracts to buy goods. See Oregon Statutes 72.1030
- Seller: means a person who sells or contracts to sell goods. See Oregon Statutes 72.1030
(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 in the documents. [1961 c.726 § 72.6050; 2009 c.181 § 34]