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LAWS OF MARYLAND

[Ch. 49

(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 [subtitle] TITLE on C.I.F. contracts
(subsection (3) of § 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
terns; 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 presumed to be exclusive but unless otherwise
expressly agreed it does not postpone identification or
shift the place for delivery or for passing 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.

2—514. 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 wore than three
days after presentment; otherwise only on payment.

2—515. 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 the right to inspect,
test and sample the goods including such of them as may
be in the possession or control of the other; and

(b)    The parties may agree to a third party
inspection or survey to determine the conformity or
condition of the goods and may agree that the findings
shall be binding upon then in any subsequent litigation
or adjustment.

SUBTITLE 6. BREACH, REPUDIATION AND EXCUSE.

2—601. Buyer's rights on improper delivery.