Payment by buyer before inspection; exceptions.

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12A:2-512 Payment by buyer before inspection; exceptions.

12A:2-512. (1) Where the contract requires payment before inspection, non-conformity of the goods does not excuse the buyer from so making payment unless

(a) the non-conformity appears without inspection; or

(b) despite tender of the required documents the circumstances would justify injunction against honor under the provisions of subsection b. of 12A:5-109.

(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.

L.1961, c.120, s.2-512; amended 1997, c.395, s.3.


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