Sec. 514. (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 (IC 26-1-2.1-513); or

Terms Used In Indiana Code 26-1-2.1-514

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(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.

As added by P.L.189-1991, SEC.3. Amended by P.L.143-2007, SEC.20.