(1) If 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 this act (section 5109(b)).

    (2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyers right to inspect or any of his or her remedies.