Delaware Code Title 6 Sec. 2-605 – Waiver of buyer’s objections by failure to particularize
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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 or her 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.
Terms Used In Delaware Code Title 6 Sec. 2-605
- Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
- Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
- State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
5A Del. C. 1953, §§ ?2-605; 55 Del. Laws, c. 349; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 332, § ?15;