Ohio Code 1302.63 – Waiver of buyer’s objections by failure to particularize – UCC 2-605
Current as of: 2024 | Check for updates
|
Other versions
(A) 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 Ohio Code 1302.63
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(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.