Waiver of lessee's obligations

K.S.A. 84-2a-514, under SALES.

K.S.A. 84-2a-514

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.