Tennessee Code Annotated

Tenn. Code Ann. § 47-2-512 (2026)

Payment by buyer before inspection

✓ current as of May 2026

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(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 the provisions of chapters 1-9 of this title (§ 47-5-109(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.

Acts 1963, ch. 81, § 1 (2-512); 1998, ch. 675, § 5.

Notes of Decisions

Cited in 1 case, 2000–2000 · leading case: Duffy Tool & Stamping, Inc. v. Bosch Auto. Motor Sys., formerly known as BG Auto. Motors, Inc. (Tenn. Ct. App. 2000).

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Duffy Tool & Stamping, Inc. v. Bosch Auto. Motor Sys., formerly known as BG Auto. Motors, Inc. (Tenn. Ct. App. 2000). · cites it 2× “-4- goods pursuant to Tenn. Code Ann. § 47-2-512 (1996) and then cure the defects or preserve eviden ce that n o breac h occu rred.”

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