2006 Code of Virginia § 59.1-506.8 - Copy; right to inspect; payment before inspection

59.1-506.8. Copy; right to inspect; payment before inspection.

(a) Except as otherwise provided in 59.1-506.3 and 59.1-506.4, ifperformance requires delivery of a copy, the following rules apply:

(1) Except as otherwise provided in this section, the party receiving thecopy has a right before payment or acceptance to inspect the copy at areasonable place and time and in a reasonable manner to determine conformanceto the contract.

(2) The party making the inspection shall bear the expenses of inspection.

(3) A place or method of inspection or an acceptance standard fixed by theparties is presumed to be exclusive. However, the fixing of a place, method,or standard does not postpone identification to the contract or shift theplace for delivery, passage of title, or risk of loss. If compliance with theplace or method becomes impossible, inspection must be made as provided inthis section unless the place or method fixed by the parties was anindispensable condition the failure of which voids the contract.

(4) A party's right to inspect is subject to existing obligations ofconfidentiality.

(b) If a right to inspect exists under subsection (a) but the agreement isinconsistent with an opportunity to inspect before payment, the party doesnot have a right to inspect before payment.

(c) If a contract requires payment before inspection of a copy, nonconformityin the tender does not excuse the party receiving the tender from makingpayment unless:

(1) the nonconformity appears without inspection and would justify refusalunder 59.1-507.4; or

(2) despite tender of the required documents, the circumstances would justifyan injunction against honor of a letter of credit under Title 8.5A.

(d) Payment made under circumstances described in subsection (b) or (c) isnot an acceptance of the copy and does not impair a party's right to inspector preclude any of the party's remedies.

(2000, cc. 101, 996.)