§ 25-2-605. Waiver of buyer's objections by failure to particularize. - North Carolina Statutes

PART 6.

BREACH, REPUDIATION AND EXCUSE.

§ 25‑2‑605. Waiver of buyer's objections by failure to particularize.

(1)        The buyer's failureto state in connection with rejection a particular defect which isascertainable by reasonable inspection precludes him from relying on theunstated defect to justify rejection or to establish breach

(a)        where the sellercould have cured it if stated seasonably; or

(b)        between merchantswhen the seller has after rejection made a request in writing for a full andfinal written statement of all defects on which the buyer proposes to rely.

(2)        Payment againstdocuments made without reservation of rights precludes recovery of the paymentfor defects apparent in the documents. (1965, c. 700, s. 1; 2006‑112, s. 36.)