(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 (Section 55-2A-513 NMSA 1978); 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: 1978 Comp., § 55-2A-514, enacted by Laws 1992, ch. 114, § 69; 2005, ch. 144, § 39.

OFFICIAL COMMENTS

UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.

Uniform Statutory Source: — Section 2-605 [55-2-605 NMSA 1978].

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 [55-2-605 NMSA 1978], the statutory analogue to this section.

Cross Reference: — Section 2-605 [55-2-605 NMSA 1978] official comment 4.

"Between merchants". Section 2-104(3) [55-2-104 NMSA 1978].

"Goods". Section 2A-103(1)(h) [55-2A-103 NMSA 1978].

"Lessee". Section 2A-103(1)(n) [55-2A-103 NMSA 1978].

"Lessor". Section 2A-103(1)(p) [55-2A-103 NMSA 1978].

"Rights". Section 1-201(36) [55-1-201 NMSA 1978].

"Seasonably". Section 1-204(3) [55-1-204 NMSA 1978].

"Supplier". Section 2A-103(1)(x) [55-2A-103 NMSA 1978].

"Writing". Section 1-201(46) [55-1-201 NMSA 1978].

The 2005 amendment, effective January 1, 2006, deleted in Subsection (2) the qualification that defects must be apparent on the face of the documents.