400.2-513. Buyer's right to inspection of goods. - Missouri Statutes

Buyer's right to inspection of goods.

400.2-513. (1) Unless otherwise agreed and subject tosubsection (3), where goods are tendered or delivered oridentified to the contract for sale, the buyer has a right beforepayment or acceptance to inspect them at any reasonable place andtime and in any reasonable manner. When the seller is requiredor authorized to send the goods to the buyer, the inspection maybe after their arrival.

(2) Expenses of inspection must be borne by the buyer butmay be recovered from the seller if the goods do not conform andare rejected.

(3) Unless otherwise agreed and subject to the provisions ofthis article on C.I.F. contracts (subsection (3) of section400.2-321), the buyer is not entitled to inspect the goods beforepayment of the price when the contract provides

(a) for delivery "C.O.D." or on other like terms; or

(b) for payment against documents of title, except wheresuch payment is due only after the goods are to become availablefor inspection.

(4) A place or method of inspection fixed by the parties ispresumed to be exclusive but unless otherwise expressly agreed itdoes not postpone identification or shift the place for deliveryor for passing the risk of loss. If compliance becomesimpossible, inspection shall be as provided in this sectionunless the place or method fixed was clearly intended as anindispensable condition failure of which avoids the contract.

(L. 1963 p. 503 § 2-513)