§ 25-2-513. Buyer's right to inspection of goods. - North Carolina Statutes

§25‑2‑513.  Buyer's right to inspection of goods.

(1)        Unless otherwiseagreed and subject to subsection (3), where goods are tendered or identified tothe contract for sale, the buyer has a right before payment or acceptance toinspect them at any reasonable place and time and in any reasonable manner.When the seller is required or authorized to send the goods to the buyer, theinspection may be after their arrival.

(2)        Expenses ofinspection must be borne by the buyer but may be recovered from the seller ifthe goods do not conform and are rejected.

(3)        Unless otherwiseagreed and subject to the provisions of this article on C.I.F. contracts(subsection (3) of G.S. 25‑2‑321), the buyer is not entitled toinspect the goods before payment of the price when the contract provides

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

(b)        for payment againstdocuments of title, except where such payment is due only after the goods areto become available for inspection.

(4)        A place or methodof inspection fixed by the parties is presumed to be exclusive but unlessotherwise expressly agreed it does not postpone identification or shift theplace for delivery or for passing the risk of loss. If compliance becomesimpossible, inspection shall be as provided in this section unless the place ormethod fixed was clearly intended as an indispensable condition failure ofwhich avoids the contract. (1965, c. 700, s. 1.)