Montana Code 30-2-605. Waiver of buyer’s objections by failure to particularize
30-2-605. Waiver of buyer‘s objections by failure to particularize. (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 Montana Code 30-2-605
- Buyer: means a person who buys or contracts to buy goods. See Montana Code 30-2-103
- Seller: means a person who sells or contracts to sell goods. See Montana Code 30-2-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(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.