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Session Laws, 1963
Volume 671, Page 816   View pdf image (33K)
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818                               LAWS OF MARYLAND                        [CH. 538

2512. 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 this
Article (Section 5
114).

(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.

2513. Buyer's Right to Inspection of Goods.

(1)   Unless otherwise agreed and subject to subsection (3), where
goods are tendered or delivered or identified to the contract for sale,
the buyer has a right before payment or acceptance to inspect 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, the inspection may be after their arrival.

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

(3)   Unless otherwise agreed and subject to the provisions of this
Sub-title on C. I. F. contracts (subsection (3) of Section 2
321),
the buyer is not entitled to inspect 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 against documents of title, except where such
payment is due only after the goods are to become available for
inspection.

(4) A place or method of inspection fixed by the parties is pre-
sumed to be exclusive but unless otherwise expressly agreed it does
not postpone identification or shift the place for delivery or for pass-
ing the risk of loss. If compliance becomes impossible, inspection
shall be as provided in this section unless the place or method fixed
was clearly intended as an indispensable condition failure of which
avoids the contract.

2514. When Documents Deliverable on Acceptance; When on
Payment.

Unless otherwise agreed documents against which a draft is drawn
are to be delivered to the drawee on acceptance of the draft if it is
payable more than three days after presentment; otherwise only on
payment.

2515. Preserving Evidence of Goods in Dispute.

In furtherance of the adjustment of any claim or dispute

(a) either party on reasonable notification to the other and for
the purpose of ascertaining the facts and preserving evidence has


 

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Session Laws, 1963
Volume 671, Page 816   View pdf image (33K)
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