Payment by buyer before inspection.

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57A-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 this title (§57A-5-109(b)).

(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.

Source: SL 1966, ch 150, §2-512; SDCL, §§57-6-31, 57-6-32; SL 1998, ch 283, §7.


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