(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 Virginia Code 8.2-512

  • Buyer: means a person who buys or contracts to buy goods. See Virginia Code 8.2-103
  • 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 § 8.5A-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.

1964, c. 219; 1997, c. 343.