Waiver of lessee’s objections. (a) 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: (1) If, stated seasonably, the lessor or the supplier could have cured it (§ 28:2A-513); or (2) 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. (b) 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. (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830; Apr. 27, 2013, D.C. Law 19-299, § 4(d), 60 DCR 2634.) Prior Codifications 1981 Ed., § 28:2A-514. Effect of Amendments The 2013 amendment by D.C. Law 19-299 substituted 'apparent in the documents' for 'apparent on the face of the documents' in (b). Uniform Commercial Code Comment Uniform Statutory Source:Section 2-605. Changes: Revised to reflect leasing practices and terminology. e documents' for 'apparent on the face of the documents' in (b). Uniform Commercial Code 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).
District of Columbia Legal Code