Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2-513
Buyer's Right to Inspection of Goods
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 5
Section 2--513. Buyer's Right to Inspection of Goods.

(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 this
Article on C.I.F. contracts (subsection (3) of Section 2--321), 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.