2009 Connecticut Code
Title 42a Uniform Commercial Code
Article 2 Sales
Sec. 42a-2-513. Buyer's right to inspection of goods.

      Sec. 42a-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 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 subsection (3) of section 42a-2-321 on C.I.F. contracts, 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 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.

      (1959, P.A. 133, S. 2-513.)

      Annotations to former statute (1958 Rev., S. 42-47):

      Effect of failure to make test in reasonable time. 66 C. 67; 91 C. 71. Does not apply to known, existing machine, bought under name by which it was advertised and sold. 73 C. 554. Waiver of right to examine goods. 86 C. 22. Recovery of price where goods sold under bill of lading which prevents examination until after it is paid. 88 C. 415. Place of delivery is ordinarily place of inspection; if goods are to be manufactured, this means at the factory. 89 C. 254. Applied. 93 C. 218; 94 C. 4. If goods are in accordance with contract, title passes on delivery; title is not held in abeyance till right of inspection has been exercised. 97 C. 671. Except as provided herein, in case of sale or contract to sell by sample, there is an implied warranty under section 42-15 of right of inspection to see that goods conform to sample. 99 C. 301. Cited. 138 C. 123. The right of the buyer to inspect may be waived. 143 C. 276.

      Annotations to present section:

      Cited. 189 C. 433.

      Subsec. (1):

      Cited. 183 C. 266.