§ 2-513 — Buyer's Right to Inspection of Goods

New York § 2-513

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 5: Performance
• Art. 2: Sales

Text

Section 2--513. Buyer's Right to Inspection of Goods.\n (1) Unless otherwise agreed and subject to subsection (3), where goods\nare tendered or delivered or identified to the contract for sale, the\nbuyer has a right before payment or acceptance to inspect them at any\nreasonable place and time and in any reasonable manner. When the seller\nis required or authorized to send the goods to the buyer, the inspection\nmay be after their arrival.\n (2) Expenses of inspection must be borne by the buyer but may be\nrecovered from the seller if the goods do not conform and are rejected.\n (3) Unless otherwise agreed and subject to the provisions of this\nArticle on C.I.F. contracts (subsection (3) of Section 2--321), the\nbuyer is not entitled to inspect the goods before payment of the price\nwhen the contract provides\n (a) for delivery "C.O.D." or on other like terms; or\n (b) for payment against documents of title, except where such\n payment is due only after the goods are to become available\n for inspection.\n (4) A place or method of inspection fixed by the parties is presumed\nto be exclusive but unless otherwise expressly agreed it does not\npostpone identification or shift the place for delivery or for passing\nthe risk of loss. If compliance becomes impossible, inspection shall be\nas provided in this section unless the place or method fixed was clearly\nintended as an indispensable condition failure of which avoids the\ncontract.\n