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

   1. (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 this act (subsection (b) of Section 5-109 of this title).

2. (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 his remedies.

   Oklahoma Code Comment

   The

   buyer has the right of inspection of the goods before payment unless the contract or shipping terms are to the contrary, or if inspection is not feasible. See discussion under Section 2- 310. See also Section 2-513. Goods shipped C.O.D. or cash against documents are not subject to inspection. Thus, the buyer is required to make payment, even though the goods are non-conforming, with the two stated exceptions. However, payment does not impair the buyer's right to inspect or preclude him from any remedies. Previous Oklahoma decisions are probably in accord. Wallace v. L. D. Clark & Son, 74 Okl. 208, 174 P. 557, 21 A.L.R. 361; White v. Oliver, 32 Okl. 479, 122 P. 156 (1912), both hold that payment does not preclude the buyer's remedies upon discovery of the breach.

Laws 1961, SB 36, p. 91, §