ยง490:2-605 - Waiver of buyer's objections by failure to particularize.
ยง490:2-605ย Waiver of buyer's objections by
failure to particularize.ย (1)ย 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.
(2)ย Payment against documents made without
reservation of rights preclude recovery of the payment for defects apparent in
the documents. [L 1965, c 208, ยง2-605; HRS ยง490:2-605; am L 2004, c 163, ยง13]