State Codes and Statutes

Statutes > Wisconsin > 402 > 402.605

402.605

402.605 Waiver of buyer's objections by failure to particularize.

402.605(1)

(1) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes the buyer from relying on the unstated defect to justify rejection or to establish breach:

402.605(1)(a)

(a) Where the seller could have cured it if stated seasonably; or

402.605(1)(b)

(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.

402.605(2)

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

402.605 - ANNOT.

NOTE: Sub. (2) is shown as amended eff. 8-1-10 by 2009 Wis. Act 322. Prior to 8-1-10 it reads:

402.605 - ANNOT.

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

402.605 - ANNOT.

History: 1991 a. 316; 2009 a. 322.