Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 2. · Article 2. SALES · Part 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

11-2-327. Special incidents of sale on approval and sale or return.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (1)

    Under a sale on approval unless otherwise agreed:#

    1. (a)

      Although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and#

    2. (b)

      Use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and#

    3. (c)

      After due notification of election to return, the return is at the seller’s risk and expense but a merchant buyer must follow any reasonable instructions.#

  2. (2)

    Under a sale or return unless otherwise agreed:#

    1. (a)

      The option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and#

    2. (b)

      The return is at the buyer’s risk and expense.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 109A-2-327, enacted by Ga. L. 1962, p. 156, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, page 167; merge action: carried; file SHA-256 ad397fccbf21.