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 warranty is dominant. In ascertaining that intention the following rules apply:
History. Code 1933, § 109A-2-317, 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 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).
Structure Georgia Code
Part 3 - General Obligation and Construction of Contract
§ 11-2-301. General Obligations of Parties
§ 11-2-302. Unconscionable Contract or Clause
§ 11-2-303. Allocation or Division of Risks
§ 11-2-304. Price Payable in Money, Goods, Realty, or Otherwise
§ 11-2-306. Output, Requirements, and Exclusive Dealings
§ 11-2-307. Delivery in Single Lot or Several Lots
§ 11-2-308. Absence of Specified Place for Delivery
§ 11-2-309. Absence of Specific Time Provisions; Notice of Termination
§ 11-2-310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation
§ 11-2-311. Options and Cooperation Respecting Performance
§ 11-2-312. Warranty of Title and Against Infringement; Buyer’s Obligation Against Infringement
§ 11-2-313. Express Warranties by Affirmation, Promise, Description, Sample
§ 11-2-314. Implied Warranty: Merchantability; Usage of Trade
§ 11-2-315. Implied Warranty: Fitness for Particular Purpose
§ 11-2-316. Exclusion or Modification of Warranties
§ 11-2-317. Cumulation and Conflict of Warranties Express or Implied
§ 11-2-318. Third Party Beneficiaries of Warranties Express or Implied
§ 11-2-319. f.o.b. and f.a.s. Terms
§ 11-2-320. c.i.f. and C. & F. Terms
§ 11-2-322. Delivery “Ex-ship.”
§ 11-2-323. Form of Bill of Lading Required in Overseas Shipment; “overseas.”
§ 11-2-324. “No Arrival, No Sale” Term
§ 11-2-325. “Letter of Credit” Term; “Confirmed credit.”
§ 11-2-326. Sale on Approval and Sale or Return; Rights of Creditors
§ 11-2-327. Special Incidents of Sale on Approval and Sale or Return