30-2-512. Payment by buyer before inspection. (1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless:

Terms Used In Montana Code 30-2-512

  • Buyer: means a person who buys or contracts to buy goods. See Montana Code 30-2-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

(a)the nonconformity appears without inspection; or

(b)despite tender of the required documents the circumstances would justify injunction against honor under the provisions of this code (30-5-129(2)).

(2)Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer’s right to inspect or any of the buyer’s remedies.