South Carolina § 36-2-605 Waiver of buyer's objections by failure to particularize.

South Carolina Statutes

§ 36-2-605 — Waiver of buyer's objections by failure to particularize.

South Carolina § 36-2-605

Title 36COMMERCIAL CODE

Ch. 2COMMERCIAL CODE—SALES

This text of South Carolina § 36-2-605 (Waiver of buyer's objections by failure to particularize.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 36-2-605 (2026).

Text

(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.

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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 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.

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".