(1) Where the contract requires payment before inspection non-conformity of the goods does not excuse the buyer from so making payment unless
- (a) the non-conformity appears without inspection; or
- (b) despite tender of the required documents the circumstances would justify injunction against honor under the provisions of this Act (Section 5-114 ).
(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.