N.Y. Uniform Commercial Code Law § 2-513: Buyer's Right to Inspection of Goods

Section 2--513. Buyer's Right to Inspection of Goods.

(1) Unless otherwise agreed and subject to subsection (3), where goods

are tendered or delivered or identified to the contract for sale, the

buyer has a right before payment or acceptance to inspect them at any

reasonable place and time and in any reasonable manner. When the seller

is required or authorized to send the goods to the buyer, the inspection

may be after their arrival.

(2) Expenses of inspection must be borne by the buyer but may be

recovered from the seller if the goods do not conform and are rejected.

(3) Unless otherwise agreed and subject to the provisions of this

Article on C.I.F. contracts (subsection (3) of Section 2--321), the

buyer is not entitled to inspect the goods before payment of the price

when the contract provides

(a) for delivery "C.O.D." or on other like terms; or

(b) for payment against documents of title, except where such

payment is due only after the goods are to become available

for inspection.

(4) A place or method of inspection fixed by the parties is presumed

to be exclusive but unless otherwise expressly agreed it does not

postpone identification or shift the place for delivery or for passing

the risk of loss. If compliance becomes impossible, inspection shall be

as provided in this section unless the place or method fixed was clearly

intended as an indispensable condition failure of which avoids the

contract.