Maine Revised Statutes Title 11 Sec. 2-605 – 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.
Terms Used In Maine Revised Statutes Title 11 Sec. 2-605
- Buyer: means a person who buys or contracts to buy goods. See Maine Revised Statutes Title 11 Sec. 2-103
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Seller: means a person who sells or contracts to sell goods. See Maine Revised Statutes Title 11 Sec. 2-103
(2). Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
[PL 2009, c. 324, Pt. B, §17 (AMD); PL 2009, c. 324, Pt. B, §48 (AFF).]
SECTION HISTORY
PL 2009, c. 324, Pt. B, §17 (AMD). PL 2009, c. 324, Pt. B, §48 (AFF).