(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 act (Section 36-5-109(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.
HISTORY: 1962 Code Section 10.2-512; 1966 (54) 2716; 2001 Act No. 67, Section 16(2).
Editor's Note
"This act," referred to in this section, means Act No. 1065 of the 1966 Act and Joint Resolutions, originally codified as Titles 10.1 to 10.10 of the Code of Laws of South Carolina 1962, and now codified as Title 36 of the Code of Laws of South Carolina 1976.
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