Ch. 535

1994 LAWS OF MARYLAND

(A)     THE LESSEE, AFTER REJECTION OF GOODS IN THE LESSEE'S
POSSESSION, SHALL HOLD THEM WITH REASONABLE CARE AT THE LESSOR'S OR
SUPPLIER'S DISPOSITION FOR A REASONABLE TIME AFTER THE LESSEE'S
SEASONABLE NOTIFICATION OF REJECTION;

(B)      IF THE LESSOR OR THE SUPPLIER GIVES NO INSTRUCTIONS WITHIN
A REASONABLE TIME AFTER NOTIFICATION OF REJECTION, THE LESSEE MAY STORE
THE REJECTED GOODS FOR THE LESSOR'S OR THE SUPPLIER'S ACCOUNT OR SHIP
THEM TO THE LESSOR OR THE SUPPLIER OR DISPOSE OF THEM FOR THE LESSOR'S
OR THE SUPPLIER'S ACCOUNT WITH REIMBURSEMENT IN THE MANNER PROVIDED
IN § 2A-511; BUT

(C)     THE LESSEE HAS NO FURTHER OBLIGATIONS WITH REGARD TO
GOODS RIGHTFULLY REJECTED.

(2) ACTION BY THE LESSEE PURSUANT TO SUBSECTION (1) IS NOT
ACCEPTANCE OR CONVERSION.

2A-513. CURE BY LESSOR OF IMPROPER TENDER OR DELIVERY; REPLACEMENT

(1)      IF ANY TENDER OR DELIVERY BY THE LESSOR OR THE SUPPLIER IS
REJECTED BECAUSE IT IS NONCONFORMING AND THE TIME FOR PERFORMANCE
HAS NOT YET EXPIRED, THE LESSOR OR THE SUPPLIER MAY SEASONABLY NOTIFY
THE LESSEE OF THE LESSOR'S OR THE SUPPLIER'S INTENTION TO CURE AND MAY
THEN MAKE A CONFORMING DELIVERY WITH THE TIME PROVIDED IN THE LEASE
CONTRACT.

(2)      IF THE LESSEE REJECTS A NONCONFORMING TENDER THAT THE LESSOR
OR THE SUPPLIER HAD REASONABLE GROUNDS TO BELIEVE WOULD BE
ACCEPTABLE WITH OR WITHOUT MONEY ALLOWANCE, THE LESSOR OR THE
SUPPLIER MAY HAVE A FURTHER REASONABLE TIME TO SUBSTITUTE A
CONFORMING TENDER IF HE (OR SHE) SEASONABLY NOTIFIES THE LESSEE.

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 (§ 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 ON THE FACE OF THE DOCUMENTS.

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