(1) The buyer‘s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes the buyer 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

Terms Used In Florida Statutes 672.605

  • Buyer: means a person who buys or contracts to buy goods. See Florida Statutes 672.103
  • Seller: means a person who sells or contracts to sell goods. See Florida Statutes 672.103
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(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.
  Previous section
Next section  
 Part VI Contents