N.D. Cent. Code § 41-02-68
(2-605) Waiver of buyer's objections by failure to particularize
Redline — December 1, 2021 → current.View current text →
Current — January 1, 2022
As of December 1, 2021
(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: If the seller could have cured it if stated seasonably; or
(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: If 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.
(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.
(3) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
(3) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
(4) Subsection (2) has been amended to make clear that a buyer that makes payment upon presentation of the documents to the buyer may waive defects, but that a person that is not the buyer, such as the issuer of a letter of credit that pays as against documents, is not waiving the buyer’s right to assert defects in the documents as against the seller.
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.