§490:2-513 - Buyer's right to inspection of goods.
§490:2-513 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
490:2-321), 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. [L
1965, c 208, §2-513; HRS §490:2-513]