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UCC Contracts QUESTION #5863
Question 1
A contract states that the Buyer must pay 'upon delivery.' The Buyer insists on inspecting the goods before paying. Is the Buyer correct?
  • No, payment must come first.
  • Yes, the Buyer has a right to inspect before payment unless otherwise agreed.✔️
  • No, unless the goods are perishables.
  • Yes, but only if the Seller is a merchant.
Correct Answer Explanation
Under UCC §2-513, unless otherwise agreed (such as in a C.O.D. contract), the buyer has a right to inspect the goods before payment or acceptance.