Waiver of lessee's objections.
(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 2A-513); 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.
Source:Laws 1991, LB 159, § 64; Laws 2005, LB 570, § 44.
Uniform Statutory Source: Section 2-605.
Changes: Revised to reflect leasing practices and terminology.
The principles applicable to the commercial practice of payment against documents (subsection (2)) are explained in official comment 4 to section 2-605, the statutory analogue to this section.
Section 2-605 official comment 4.
Definitional Cross References:
"Between merchants". Section 2-104(3).
"Goods". Section 2A-103(1)(h).
"Lessee". Section 2A-103(1)(n).
"Lessor". Section 2A-103(1)(p).
"Rights". Section 1-201(36).
"Seasonably". Section 1-204(3).
"Supplier". Section 2A-103(1)(x).
"Writing". Section 1-201(46).