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The 189th General Court of the Commonwealth of Massachusetts

Section 2-605: Waiver of Buyer's Objections by Failure to Particularize

Section 2-605. (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

(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.

[Subsection (2) applicable as provided by 2013, 30, Sec. 116.]

(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.