§ 12A-2A-514. Waiver of lessee's objections.  


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  • WAIVER OF LESSEE'S OBJECTIONS

    (1)  In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:

    (a)  if, stated seasonably, the lessor or the supplier could have cured it (Section 2A-213 of this title); or

    (b)  between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.

    (2)  A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.

Added by Laws 1988, c. 86, § 61, eff. Nov. 1, 1988.  Amended by Laws 2005, c. 140, § 54, eff. Jan. 1, 2006.