Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

24.07.050 Waiver of Buyer's Objections by Failure to Particularize

(a) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him or her from relying on the unstated defect to justify rejection, or to establish breach

(1) Where the seller could have cured if it stated seasonably; or

(2) Between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.

(b) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent on the face of the documents.

Original url: /us/nsn/tmchippewa/council/code/24.07.050

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