Wisconsin Statutes 402.605 – Waiver of buyer’s objections by failure to particularize
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Terms Used In Wisconsin Statutes 402.605
- Buyer: means a person who buys or contracts to buy goods. See Wisconsin Statutes 402.103
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Seller: means a person who sells or contracts to sell goods. See Wisconsin Statutes 402.103
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(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:
(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.