| (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 Utah Code 70A-2-512- Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-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.
- Nonconformity: means any defect, condition, or malfunction which substantially impairs the use, value, or safety of assistive technology, but does not include a condition, defect, or malfunction that is the result of abuse, neglect, or unauthorized modification or alternation of the assistive technology by the consumer. See Utah Code 70A-2-802
| (a) |
the nonconformity appears without inspection; or |
| (b) |
despite tender of the required documents the circumstances would justify injunction against honor under the provisions under Subsection 70A-5-109(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 his remedies. |
Amended by Chapter 241, 1997 General Session
