MARVIN MANDEL, Governor

131

identified to the contract for sale repudiates or is
otherwise in breach before risk of their loss has passed
to him, the seller may to the extent of any deficiency in
his effective insurance coverage treat the risk of loss
as resting on the buyer for a commercially reasonable
time.

2—511. Tender of payment by buyer; payment by check.

(1)    Unless otherwise agreed tender of payment is a
condition to the seller's duty to tender and complete any
delivery.

(2)   Tender of payment is sufficient when made by
any means or in any manner current in the ordinary course
of business unless the seller demands payment in legal
tender and gives any extension of time reasonably
necessary to procure it.

(3)    Subject to the provisions of TITLES 1 THROUGH
10 OF this article on the effect of an instrument on an
obligation (§ 3—802), payment by check is conditional and
is defeated as between the parties by dishonor of the
check on due presentment.

2—512. Payment by buyer before inspection.

(1)   Where the contract requires payment before
inspection nonconformity 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 TITLES 1 THROUGH 10 OF this
article (§ 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.

2—513. 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 then 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.