Texas Business and Commerce Code 2.605 – Waiver of Buyer’s Objections by Failure to Particularize
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(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.
Terms Used In Texas Business and Commerce Code 2.605
- Buyer: means a person who buys or contracts to buy goods. See Texas Business and Commerce Code 2.103
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Seller: means a person who sells or contracts to sell goods. See Texas Business and Commerce Code 2.103
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005