(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 section 5‑1109, subsection (2). [PL 1997, c. 429, Pt. C, §4 (AMD).]
(2). Payment pursuant to subsection (1) does not constitute an acceptance of the goods or impair the buyer's right to inspect or any of his remedies.