Printable Format84-2-512. 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 act (K.S.A. 84-5-109(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 the buyer's remedies.
History: L. 1965, ch. 564, § 77; L. 1996, ch. 202, § 21; July 1.
KANSAS COMMENT, 1996
This section applies when the contract requires payment before inspection. See 84-2-513 for exceptions to the buyer's right to inspect goods before payment. In such cases, the buyer must pay even though the goods are nonconforming except in the circumstances described in paragraphs (1) (a) and (b). Subsection (2) makes clear that payment under this section does not constitute acceptance of the goods or impair the buyer's right of inspection or remedies for breach. This section was amended in 1996 to reflect the revision of Article 5.
Law Review and Bar Journal References:
Payment for goods does not necessarily indicate an acceptance of the goods, Keith Hey, 7 W.L.J. 35, 37 (1967).