(1)        Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless

(a)        the nonconformity appears without inspection; or

(b)        despite tender of the required documents the circumstances would justify injunction against honor under this chapter (N.C. Gen. Stat. § 25-5-109(b)).

(2)        Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer’s right to inspect or any of his remedies. (1965, c. 700, s. 1; 1999-73, s. 3.)