South Dakota Codified Laws 57A-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 if it stated seasonably; or
Terms Used In South Dakota Codified Laws 57A-2-605
- Buyer: means a person who buys or contracts to buy goods. See South Dakota Codified Laws 57A-2-103
- Seller: means a person who sells or contracts to sell goods. See South Dakota Codified Laws 57A-2-103
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(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.
Source: SL 1966, ch 150, § 2-605; SDCL §§ 57-7-9, 57-7-10; SL 2009, ch 254, § 815.