Nebraska Uniform Commercial Code 2A-514

UCC 2A-514

2A-514.

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

Annotations

  • COMMENT

  • Uniform Statutory Source: Section 2-605.

  • Changes: Revised to reflect leasing practices and terminology.

  • Purposes:

  • 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.

  • Cross Reference:

  • 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).