30-2-512. 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 the provisions of this code (30-5-129(2)).
(2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer's right to inspect or any of the buyer's remedies.
History: En. Sec. 2-512, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-512; amd. Sec. 3, Ch. 536, L. 1997.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
30-2-501. Insurable interest in goods -- manner of identification of goods
30-2-502. Buyer's right to goods on seller's insolvency
30-2-503. Manner of seller's tender of delivery
30-2-505. Seller's shipment under reservation
30-2-506. Rights of financing agency
30-2-507. Effect of seller's tender -- delivery on condition
30-2-508. Cure by seller of improper tender or delivery -- replacement
30-2-509. Risk of loss in the absence of breach
30-2-510. Effect of breach on risk of loss
30-2-511. Tender of payment by buyer -- payment by check
30-2-512. Payment by buyer before inspection
30-2-513. Buyer's right to inspection of goods
30-2-514. When documents deliverable on acceptance -- when on payment