(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 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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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