S.D. Codified Laws § 57A-2-512

Payment by buyer before inspection

Known as the Uniform Commercial Code

The act spans §§ 57–57 (574 sections).

Source: SL 1966, ch 150, § 2-512; SDCL, §§ 57-6-31, 57-6-32; SL 1998, ch 283, § 7.

(1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless:

(a) The nonconformity appears without inspection; or

(b) Despite tender of the required documents the circumstances would justify injunction against honor under this title (§ 57A-5-109(b)).

(2) 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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.