West Virginia Code 46-2-605 – Waiver of buyer’s objections by failure to particularize
Current as of: 2023 | Check for updates
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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:
Terms Used In West Virginia Code 46-2-605
- Buyer: means a person who buys or contracts to buy goods. See West Virginia Code 46-2-103
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Seller: means a person who sells or contracts to sell goods. See West Virginia Code 46-2-103
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(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) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.