§ 10514. — 10514. (Amended by Stats. 2006, Ch. 254, Sec. 67.)

California § 10514.

• Jurisdiction: California
• Code COM: Commercial Code - COM
• Div. 10.: DIVISION 10. PERSONAL PROPERTY LEASES
• Ch. 5.: CHAPTER 5. Default
• Art. 2.: ARTICLE 2. Default by Lessor

Text

(a)
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:
(1)
If, stated seasonably, the lessor or the supplier could have cured it (Section 10513); or
(2)
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.
(b)
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.

Legislative History

Amended by Stats. 2006, Ch. 254, Sec. 67. Effective January 1, 2007.