Kentucky Statutes 355.2-605 – 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 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.
(2) A buyer’s payment against documents tendered to the buyer made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 132, sec. 52, effective July 12, 2012. — Created
1958 Ky. Acts ch. 77, sec. 2-605, effective July 1, 1960.
(a) Where the seller could have cured it if stated seasonably; or
Terms Used In Kentucky Statutes 355.2-605
- Buyer: means a person who buys or contracts to buy goods. See Kentucky Statutes 355.2-103
- Seller: means a person who sells or contracts to sell goods. See Kentucky Statutes 355.2-103
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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) A buyer’s payment against documents tendered to the buyer made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 132, sec. 52, effective July 12, 2012. — Created
1958 Ky. Acts ch. 77, sec. 2-605, effective July 1, 1960.