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KRS 355.2-605

Waiver of buyer's objections by failure to particularize

Known as the Uniform Commercial Code

The act spans §§ 355.10-101 to 355.9-809 (686 sections).

Applied in 1 court decision — leading case Smart & Associates, LLC v. Independent Liquor (NZ) Ltd. (2016)

Most recently applied in Smart & Associates, LLC v. Independent Liquor (NZ) Ltd. (December 2016)

Effective: July 12, 2012 History: Amended 2012 Ky

(1) 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) A buyer's payment against documents tendered to the buyer made without reservation of rights precludes recovery of the payment for defects apparent in the documents.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.