O.C.G.A.

O.C.G.A. § 11-2-512 (2019)

Payment by buyer before inspection

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(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 this title (Code Section 11-5-109).

(2) Payment pursuant to subsection (1) of this Code section does not constitute an acceptance of goods or impair the buyer’s right to inspect or any of his remedies.

History

Code 1933, § 109A-2-512, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2002, p. 995, § 2.

Annotations

Editor’s notes. Ga. L. 2002, p. 995, § 8, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2002, and shall apply to a letter of credit that is issued on or after July 1, 2002. This

Act does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued before July 1, 2002.” Law reviews. For article, “Buyer’s Right of Rejection: A Quarter Century Under the Uniform Commercial Code, and Recent International Developments,” see 13 Ga. L. Rev. 805 (1979).

RESEARCH REFERENCES Am. Jur. 2d. 67 Am. Jur. 2d, Sales, § 618. Am. Jur. Pleading and Practice Forms. 6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:417.

C.J.S. 77A C.J.S., Sales, § 209. U.L.A. Uniform Commercial Code (U.L.A.) § 2512.

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Givens v. State, 454 S.E.2d 141 (Ga. Ct. App. 1995).

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Givens v. State, 454 S.E.2d 141 (Ga. Ct. App. 1995). · cites it 2× “This is a criminal case, not a sale governed by the Uniform Commercial Code with a right of inspection and rejection by the purchaser under OCGA §§ 11-2-512 and 11-2-513 (1). The law provides that the Supreme Court is the final authority, whatever its holding, and accordingly…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.