355.2-513 Buyer's right to inspection of goods.
(1)
(2)
(3)
(4)
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.
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.
Unless otherwise agreed and subject to the provisions of this article on C.I.F.
contracts (subsection (3) of KRS 355.2-321), 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.
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.
Effective: July 1, 1960
History: Created 1958 Ky. Acts ch. 77, sec. 2-513, effective July 1, 1960.
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