Title 11, Chapter 2, Section 513
( 11-2-513)
Buyer's right to inspection of goods. (1) Unless otherwise agreed and subject to subsection (3) of this
Code section, 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 Code Section 11-2-321), 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 Code section unless the
place or method fixed was clearly intended as an indispensable
condition failure of which avoids the contract. |