Section 45.02.513. Buyer's right to inspection of goods.

   (a) Unless otherwise agreed and subject to (c) of this section, if goods are tendered, delivered or identified to the contract for sale, the buyer may before payment or acceptance inspect them at a reasonable place and time and in a reasonable manner. If the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival.
   (b) 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.
   (c) Unless otherwise agreed and subject to the provisions on C.I.F. contracts (AS 45.02.321), the buyer is not entitled to inspect the goods before payment of the price if the contract provides
        (1) for delivery "C.O.D." or on other like terms; or
        (2) for payment against documents of title, except where the payment is due only after the goods are to become available for inspection.
   (d) 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 is as provided in this section unless the place or method fixed was clearly intended as an indispensable condition, failure of which avoids the contract.

Authorities

45.02.310

Notes

References

AS 45.02.310 Open time for payment or running of credit; authority to ship under reservation.

History

(Sec. 2.513 ch 114 SLA 1962)