(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.
Structure Delaware Code
§ 2-501. Insurable interest in goods; manner of identification of goods.
§ 2-502. Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.
§ 2-503. Manner of seller's tender of delivery.
§ 2-505. Seller's shipment under reservation.
§ 2-506. Rights of financing agency.
§ 2-507. Effect of seller's tender; delivery on condition.
§ 2-508. Cure by seller of improper tender or delivery; replacement.
§ 2-509. Risk of loss in the absence of breach.
§ 2-510. Effect of breach on risk of loss.
§ 2-511. Tender of payment by buyer; payment by check.
§ 2-512. Payment by buyer before inspection.
§ 2-513. Buyer's right to inspection of goods.
§ 2-514. When documents deliverable on acceptance; when on payment.