Idaho Code 28-12-514 – Waiver of Lessee’S Objections
Current as of: 2023 | Check for updates
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(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 28-12-513); 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.
Terms Used In Idaho Code 28-12-514
- Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (section 28-12-309, Idaho Code), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Idaho Code 28-12-103
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See Idaho Code 28-12-103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Idaho Code 28-12-103
- Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Idaho Code 28-12-103