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

   1. (1) the non-conformity appears without inspection; or
   2. (2) despite tender of the required documents circumstances would justify injunction against honor under this title (Section 5.109(b)).
2. (b) Payment pursuant to Subsection (a) does not constitute an acceptance of goods or impair the buyer's right to inspect or any of his remedies.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.

Amended by Acts 1999, 76th Leg., ch. 4, Sec. 3, eff. Sept. 1, 1999.