(1) Unless otherwise agreed and subject to subsection (3), where goods are tendered
or delivered or identified to the contract for sale, the buyer has a right before
payment or acceptance to inspect them at any reasonable place and time and in any
reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection
may be after their arrival.
(2) Expenses of inspection must be borne by the buyer but may be recovered from the
seller if the goods do not conform and are rejected.
(3) Unless otherwise agreed and subject to the provisions of this Article on C.I.F.
contracts (subsection (3) of section 2-321), the buyer is not entitled to inspect the goods before payment of the price when
the contract provides
(a) for delivery “C.O.D.” or on other like terms; or
(b) for payment against documents of title, except where such payment is due only
after the goods are to become available for inspection.
(4) A place or method of inspection fixed by the parties is presumed to be exclusive
but unless otherwise expressly agreed it does not postpone identification or shift
the place for delivery or for passing the risk of loss. If compliance becomes impossible, inspection shall be as provided in this section
unless the place or method fixed was clearly intended as an indispensable condition
failure of which avoids the contract.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.