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

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Terms Used In Hawaii Revised Statutes 490:2-512

  • Buyer: means a person who buys or contracts to buy goods. See Hawaii Revised Statutes 490:2-103
  • 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 this chapter (section 490:5-109(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 the buyer’s remedies.

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