Montana Code Annotated 2023

TITLE 30. TRADE AND COMMERCE

CHAPTER 2A. UNIFORM COMMERCIAL CODE LEASES

Part 5. Default

Waiver Of Lessee's Objections

30-2A-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 (30-2A-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.

History: En. Sec. 68, Ch. 410, L. 1991; amd. Sec. 24, Ch. 575, L. 2005.