Missouri Revised Statutes













Chapter 400

Uniform Commercial Code

←400.02-512

Section 400.2-513.1

400.02-514→

August 28, 2015

Buyer's right to inspection of goods.

400.2-513. (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 400.2-321), 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. 1963 p. 503 § 2-513)







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