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The Florida Senate

2004 Florida Statutes

Waiver of buyer's objections by failure to particularize.
Section 672.605, Florida Statutes 2004

672.605  Waiver of buyer's objections by failure to particularize.--

(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:

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

History.--s. 1, ch. 65-254; s. 590, ch. 97-102.

Note.--s. 2-605, U.C.C.