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Texas Business & Commerce Code

§ 2.605 — WAIVER OF BUYER'S OBJECTIONS BY FAILURE TO PARTICULARIZE

BC § 2.605Title 1. UNIFORM COMMERCIAL CODE · Ch. 2. SALES · Art. F. BREACH, REPUDIATION AND EXCUSE

Statute text

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(a)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
(1)where the seller could have cured it if stated seasonably; or
(2)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.
(b)Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents. Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Amended by:

Legislative history

Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 11, eff. September 1, 2005.

Source: Texas Business & Commerce Code § 2.605 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.