GA Code § 11-2-607 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 6 - Breach, Repudiation, and Excuse|§ 11-2-607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over

  The buyer must pay at the contract rate for any goods accepted.   Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this article for nonconformity.   Where a tender has been accepted:     The buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and   If the claim is one for infringement or the like (subsection (3) of Code Section 11-2-312) and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation.    The burden is on the buyer to establish any breach with respect to the goods accepted.   Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over:   He may give his seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound.   If the claim is one for infringement or the like (subsection (3) of Code Section 11-2-312) the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred.   The provisions of subsections (3), (4), and (5) of this Code section apply to any obligation of a buyer to hold the seller harmless against infringement or the like (subsection (3) of Code Section 11-2-312).   (Code 1933, § 109A-2 - 607, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "Sales Warranties Under Georgia's Uniform Commercial Code," see 1 Ga. St. B.J. 191 (1964). For article, "Georgia's New Statutory Liability for Manufacturers: An Inadequate Legislative Response," see 2 Ga. L. Rev. 538 (1968). For article discussing applicability of "notice of breach" provision of Uniform Commercial Code to construction contracts, see 28 Emory L.J. 335 (1979). 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). For article, "Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods," see 22 Ga. L. Rev. 503 (1988).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Notice    RESEARCH REFERENCES   Am. Jur. 2d.   - 17A Am. Jur. 2d, Contracts, § 639. 63 Am. Jur. 2d, Products Liability, §§ 659 et seq., 840 et seq., 868. 67 Am. Jur. 2d, Sales, §§ 661-665.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:549.   20A Am. Jur. Pleading and Practice Forms, Products Liability, § 38.   C.J.S.   - 42 C.J.S., Indemnity, §§ 15, 26. 77A C.J.S., Sales, § 192.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-607.   ALR.    - Resale by buyer where seller has refused to receive the property rejected for breach of warranty, 24 A.L.R. 1445.    Loss of profits as elements of damages for fraud of seller, as to quality of goods purchased for resale, 28 A.L.R. 354.    Acceptance of instalment of goods as affecting buyer's right to rescind because of defects in that instalment, 29 A.L.R. 1517.    Effect of premature tender of goods which is refused by the buyer, 47 A.L.R. 193.    Contracts of sale or return as distinguished from contracts for sale on approval, 52 A.L.R. 589.    Use of article by buyer as waiver of right to rescind for fraud, breach of warranty, or failure of goods to comply with contract, 77 A.L.R. 1165; 41 A.L.R.2d 1173.    Estoppel of or waiver by buyer, in respect of shortage in commodity delivered and accepted as in full, as affecting his liability to pay for shortage or his right to recover back amount paid therefor, 113 A.L.R. 684.    Breach of warranty as to title as within statutory provision requiring notice of breach of warranty on sale of goods, 114 A.L.R. 707.    "Vouching in" of one who is not liable over to defendant but is liable over to one whom the defendant has vouched in, 123 A.L.R. 1153.    Deposit in mail of notice of claim required as condition of action against, or liability of, governmental body, as a giving of notice within required period, 175 A.L.R. 299.   Shipper's ratification of carrier's unauthorized delivery or misdelivery, 15 A.L.R.2d 807.   Buyer's acceptance of delayed or defective instalment of goods as waiver of similar default as to later instalments, 32 A.L.R.2d 1117.   Time within which buyer of goods must give notice in order to recover damages for seller's breach of express warranty, 41 A.L.R.2d 812.   Form and substance of notice which buyer of goods must give in order to recover damages for seller's breach of warranty, 53 A.L.R.2d 270.   Requirement of notice, by buyer of goods, of breach of warranty as applicable to actions for personal injury, 6 A.L.R.3d 1371.   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.   Necessity that buyer of goods give notice of breach of warranty to manufacturer under UCC § 2-607, requiring notice to seller of breach, 24 A.L.R.4th 277.   Products liability: seller's right to indemnity from manufacturer, 79 A.L.R.4th 278.   Products liability: manufacturer's postsale obligation to modify, repair, or recall product, 47 A.L.R.5th 395.   Sufficiency and timeliness of buyer's notice under UCC § 607(3)(a) of seller's breach of warranty, 89 A.L.R.5th 319.