Montana Statutes

§ 30-2-512 — Payment By Buyer Before Inspection

Montana·Title 30 TRADE AND COMMERCE·Ch. 2 UNIFORM COMMERCIAL CODE SALES·Part 5 Performance

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.

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Legislative History

En. Sec. 2-512, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-512; amd. Sec. 3, Ch. 536, L. 1997.

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