Pennsylvania § 2605 Waiver of objections of buyer by failure to particularize

Pennsylvania Statutes

§ 2605 — Waiver of objections of buyer by failure to particularize

Pennsylvania·Title 13 COMMERCIAL CODE·Ch. 26 BREACH, REPUDIATION AND EXCUSE

(a)General rule.--The failure of the buyer 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:

(1)where the seller could have cured it if stated seasonably; or

(2)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.

(b)Payment against defective documents.--Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.

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(a) General rule.--The failure of the buyer 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:

(1) where the seller could have cured it if stated seasonably; or

(2) 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.

(b) Payment against defective documents.--Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.

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