O.C.G.A. § 11-2-317 (2019)
Cumulation and conflict of warranties express or implied
Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which war138 ranty is dominant. In ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general language of description.
(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
History
Code 1933, § 109A-2-317, enacted by Ga. L. 1962, p. 156, § 1.
Annotations
Law reviews. For article, “Sales Warranties Under Georgia’s Uniform Commercial Code,” see 1 Ga. St. B.J. 191 (1964). For article discussing interpretation of warranties under the Uniform Commercial Code, see 4 Ga. L. Rev. 469 (1970).
For article, “Products Liability Law in Georgia: Is Change Coming?,” see 10 Ga. St. B.J. 353 (1974). For article explaining the Unfair Trade Practices and Consumer Protection Act, proposed in Georgia in 1973, see 10 Ga. St. B. J. 409 (1974). For article, “Products Liability Law in Georgia Including Recent Developments,” see 43 Mercer L. Rev. 27 (1991).
JUDICIAL DECISIONS How warranties are raised. - Implied warranty is raised by statute, while express warranty is by contract. Stewart v. Gainesville Glass Co., 131 Ga. App. 747,
206 S.E.2d 857, 1974 Ga. App. LEXIS 1542 (1974), aff’d, 233 Ga. 578, 212 S.E.2d 377, 1975 Ga. LEXIS 1377 (1975).
RESEARCH REFERENCES Am. Jur. 2d. 63 Am. Jur. 2d, Products Liability, § 831 et seq. 67A Am. Jur. 2d, Sales, §§ 703, 704. C.J.S. 77A C.J.S., Sales, §§ 250, 258 et seq. U.L.A. Uniform Commercial Code (U.L.A.) § 2317. ALR. Express or implied warranty of quality, condition, or fitness of automobile or truck sold by retail dealer, 43 A.L.R. 648. Law of sales and liability in respect thereof as applied to transactions in selfservice stores, 163 A.L.R. 238. Express warranty as excluding implied warranty of fitness, 164 A.L.R. 1321. What amounts to a “sale by sample” as regards warranties, 12 A.L.R.2d 524. Recovery by contractor or artisan, suing for breach of warranty, of damages for loss
of good will occasioned by use in his business of unfit materials, 28 A.L.R.2d 591. Measure and elements of recovery of buyer rescinding sale of domestic animal for seller’s breach of warranty, 35 A.L.R.2d 1273. Application of warranty provisions of Uniform Commercial Code to bailments, 48 A.L.R.3d 668. Validity of disclaimer of warranty clauses in sale of new automobile, 54 A.L.R.3d 1217. Seller’s promises or attempts to repair article sold as affecting buyer’s duty to minimize damages for breach of sale contract or of warranty, 66 A.L.R.3d 1162. Uniform Commercial Code: implied warranty of fitness for particular purpose as including fitness for ordinary use, 83 A.L.R.3d 656. What constitutes “affirmation of fact” giving rise to express warranty under UCC § 2-313(1)(a), 94 A.L.R.3d 729.
Products liability: industrial accidents involving conveyor belts or systems, 2 A.L.R.4th 262. Construction and effect of new motor vehicle warranty limiting manufacturer’s liability to repair or replacement of defective parts, 2 A.L.R.4th 576.
Products liability: defective vehicular windows, 3 A.L.R.4th 489. Products liability: manufacturer’s postsale obligation to modify, repair, or recall product, 47 A.L.R.5th 395. Liability on implied warranties in sale of used motor vehicle, 47 A.L.R.5th 677.