§490:2A-514 - Waiver of lessee's objections. - Hawaii Statutes

     §490:2A-514  Waiver of lessee's objections.  (a)  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:

     (1)  If, stated seasonably, the lessor or the supplier could have cured it (section 490:2A-513); or

     (2)  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.

     (b)  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. [L 1991, c 40, pt of §1; am L 2004, c 163, §16]