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N.D. Cent. Code § 41-02.1-62

(2A-514) Waiver of lessee's objections

Known as the Uniform Commercial Code

The act spans §§ 41-01-01 to 41-12-07 (597 sections).

1. In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:

a. If, stated seasonably, the lessor or the supplier could have cured it (section 41-02.1-61); or b. Between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.

2. A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.

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.