§ 26-1-2-513 — Buyer's right of inspection of goods

Indiana § 26-1-2-513

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 2: Sales

Text

(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 IC 26-1-2-321(3) on C.I.F. contracts, 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.
Formerly: Acts 1963, c.317, s.2-513. As amended by
P.L.152-1986, SEC.150.