1.    If 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 North Dakota Code 41-02-60

  • 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 title (section 41-05-09).

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.