Montana Statutes
§ 30-2-605 — Waiver Of Buyer's Objections By Failure To Particularize
Montana·Title 30 TRADE AND COMMERCE·Ch. 2 UNIFORM COMMERCIAL CODE SALES·Part 6 Breach, Repudiation, and Excuse
30-2-605 . Waiver of buyer's objections by failure to particularize.
(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.
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Legislative History
En. Sec. 2-605, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-605; amd. Sec. 21, Ch. 575, L. 2005.
Nearby Sections
15
§ 30-2-101
Short Title§ 30-2-103
Definitions And Index Of Definitions§ 30-2-201
Formal Requirements -- Statute Of Frauds§ 30-2-203
Seals Inoperative§ 30-2-204
Formation In General§ 30-2-205
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