(1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless the nonconformity appears without inspection; or
(2) despite tender of the required documents the circumstances would justify injunction against honor under the provisions of this act (section 28-5-109(2)[, Idaho Code]).
(3) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer’s right to inspect or any of his remedies.