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NEW MEXICO STATUTES AND CODES

Section 55-2-512 - Payment by buyer before inspection.

55-2-512. Payment by buyer before inspection.

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

(a)     the non-conformity appears without inspection; or   

(b)     despite tender of the required documents the circumstances would justify injunction against honor under the provisions of the Uniform Commercial Code (Section 55-5-109 NMSA 1978).   

(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.   

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