Massachusetts General Laws ch. 106 sec. 2-605 – Waiver of Buyer’s Objections by Failure to Particularize
Current as of: 2024 | Check for updates
|
Other versions
Section 2–605. (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
Terms Used In Massachusetts General Laws ch. 106 sec. 2-605
- Buyer: means a person who buys or contracts to buy goods. See Massachusetts General Laws ch. 106 sec. 2-103
- Seller: means a person who sells or contracts to sell goods. See Massachusetts General Laws ch. 106 sec. 2-103
(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.