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84-2a-514. Waiver of lessee's obligations. (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 (K.S.A. 84-2a-513, and amendments thereto); 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.

History: L. 1991, ch. 295, § 62; L. 2007, ch. 90, § 60; July 1, 2008.

KANSAS COMMENT, 1996

This section states when a lessee's failure to particularize its grounds for rejecting the goods constitutes a waiver of unstated defects. It is based on section 84-2-605, with changes only to make the provision applicable to leases. See 1996 Kansas Comments to 84-2-605 for further discussion.


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