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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 Titles 1 through 10 of this article (§ 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.