(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 this subtitle (Section 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 or her remedies.
5A Del. C. 1953, § 2-512; 55 Del. Laws, c. 349; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 393, § 3.
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