Leases

ORS 72A.5140
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 under ORS 72A.5130 (Cure by lessor of improper tender or delivery); 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. [1989 c.676 §61; 2009 c.181 §38]

Source

Last accessed
Jun. 26, 2021