Idaho State Statutes - Idaho Attorney Directory

(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 chapter
on C.I.F. contracts (subsection (3) of section 28-2-321), 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.

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