70A-2-513 - Buyer's right to inspection of goods.
70A-2-513. Buyer's right to inspection of goods.
(1) Unless otherwise agreed and subject to Subsection (3), where goods are tendered ordelivered or identified to the contract for sale, the buyer has a right before payment or acceptanceto inspect them at any reasonable place and time and in any reasonable manner. When the seller isrequired 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 theseller if the goods do not conform and are rejected.
(3) Unless otherwise agreed and subject to the provisions of this chapter on C.I.F.contracts (Subsection (3) of Section 70A-2-321), the buyer is not entitled to inspect the goodsbefore 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 afterthe goods are to become available for inspection.
(4) A place or method of inspection fixed by the parties is presumed to be exclusive butunless otherwise expressly agreed it does not postpone identification or shift the place for deliveryor for passing the risk of loss. If compliance becomes impossible, inspection shall be as providedin this section unless the place or method fixed was clearly intended as an indispensable conditionfailure of which avoids the contract.
Enacted by Chapter 154, 1965 General Session