(1) In rejecting goods, a lessee‘s failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:

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Terms Used In New Mexico Statutes 55-2A-514

(a)     if, stated seasonably, the lessor or the supplier could have cured it (Section 55-2A-513 N.M. Stat. Ann.); or

(b)     between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.

(2) A lessee’s failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.