South Carolina Statutes
§ 36-2-605 — 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 him 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.
Free access — add to your briefcase to read the full text and ask questions with AI
South Carolina § 36-2-605 (Waiver of buyer's objections by failure to particularize.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
HISTORY: 1962 Code SECTION 10.2-605; 1966 (54) 2716; 2014 Act No. 213 (S.343), SECTION 14, eff October 1, 2014. Editor's Note 2014 Act No. 213, SECTION 51, provides as follows: "SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date." Effect of Amendment 2014 Act No. 213, SECTION 14, in subsection (2), substituted "apparent in the documents" for "apparent on the face of the documents".
Nearby Sections
15
§ 36-2-101
Short title.§ 36-2-103
Definitions and index of definitions.§ 36-2-201
Formal requirements; statute of frauds.§ 36-2-203
Seals inoperative.§ 36-2-204
Formation in general.§ 36-2-205
Firm offers.§ 36-2-209
Modification, rescission and waiver.