(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 Oregon Statutes 72.5120

  • Buyer: means a person who buys or contracts to buy goods. See Oregon Statutes 72.1030
  • 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 ORS § 75.1090.

(2) Payment pursuant to subsection (1) of this section does not constitute an acceptance of goods or impair the buyer’s right to inspect or any of the remedies of the buyer. [1961 c.726 § 72.5120; 1997 c.150 § 4]