TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 2

UNIFORM COMMERCIAL CODE — SALES

PART 5.

PERFORMANCE

28-2-512.  Payment by buyer before inspection. (1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless

(a)  the nonconformity appears without inspection; or

(b)  despite tender of the required documents the circumstances would justify injunction against honor under the provisions of this act (section 28-5-109(2)).

(2)  Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer’s right to inspect or any of his remedies.

History:

[28-2-512, added 1967, ch. 161, sec. 2-512, p. 351; am. 1996, ch. 7, sec. 4, p. 19.]