1. (1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless:
2. (a) The nonconformity appears without inspection; or
3. (b) Despite tender of the required documents the circumstances would justify injunction against honor under this title (§ 57A-5-109(b)).
4. (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.

Source: SL 1966, ch 150 , § 2-512; SDCL, §§ 57-6-31, 57-6-32; SL 1998, ch 283 , § 7.