Indiana Code 26-1-2-605. Waiver of buyer’s objections by failure to particularize
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Sec. 605. (1) The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach:
(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.
(a) where the seller could have cured it if stated seasonably; or
Terms Used In Indiana Code 26-1-2-605
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
Formerly: Acts 1963, c.317, s.2-605. As amended by P.L.143-2007, SEC.17.