Tex. Bus. & Com. Code § 2.605

WAIVER OF BUYER'S OBJECTIONS BY FAILURE TO PARTICULARIZE

Known as the Uniform Commercial Code

The act spans §§ 1–12 (616 sections).

Applied in 1 court decision — leading case Hose Pro Connectors, Inc. v. Parker Hannifin Corp. (1994)

Most recently applied in Hose Pro Connectors, Inc. v. Parker Hannifin Corp. (October 1994)

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.