1. If the contract requires payment before inspection, nonconformity of the goods does not excuse the buyer from so making payment unless: 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.