(1) Where 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 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]