Shipment by Seller

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Sales
  5. Performance
  6. Shipment by Seller

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Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must:

  1. Put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and
  2. Obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and
  3. Promptly notify the buyer of the shipment.

    Failure to notify the buyer under paragraph (c) of this Code section or to make a proper contract under paragraph (a) of this Code section is a ground for rejection only if material delay or loss ensues.

(Code 1933, § 109A-2 - 504, enacted by Ga. L. 1962, p. 156, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 528, 529.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, §§ 2:434, 2:456.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-504.

ALR.

- Failure to ship by carrier designated by buyer as affecting passing of title, 31 A.L.R. 955.

Means of transportation contemplated by provision relating to "freight rates" in contract, 83 A.L.R. 1306.

Buyer's duty to give seller instructions to ship where former has not exercised his option under contract to require shipment before time specified, 119 A.L.R. 1495.


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