North Dakota § 41-02-68 (2-605) Waiver of buyer's objections by failure to particularize

North Dakota Statutes

§ 41-02-68 — (2-605) Waiver of buyer's objections by failure to particularize

North Dakota § 41-02-68

Title 41Uniform Commercial Code

Ch. 41-02Sales

This text of North Dakota § 41-02-68 ((2-605) Waiver of buyer's objections by failure to particularize) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 41-02-68 (2026).

Text

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.If 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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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. If 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.