Cure by Seller of Improper Tender or Delivery; Replacement

1. Law
2. Georgia Code
3. Commercial Code
4. Sales
5. Performance
6. Cure by Seller of Improper Tender or Delivery; Replacement

1. Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.
2. Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.

(Code 1933, § 109A-2 - 508, enacted by Ga. L. 1962, p. 156, § 1.)

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). For note, "David Tunick, Inc. v. Kornfield: Applying U.C.C. Section 2-716 and Uniqueness to a Section 2-508 Analysis," see 45 Mercer L. Rev. 1407 (1994).

JUDICIAL DECISIONS

Breach of express warranty not found.

- Manufacturer did not breach its express warranty as the manufacturer addressed each defect in a vehicle as it arose, most repairs were made within days, and the only extended delay was the result of the buyer's decision to postpone bringing the vehicle into the repair facility. Knight v. Am. Suzuki Motor Corp., 272 Ga. App. 319, 612 S.E.2d 546 (2005).

Manufacturer's express warranty on a vehicle was not governed by the Magnuson-Moss Warranty Act, specifically 15 U.S.C. § 2304, but was governed by the Uniform Commercial Code, O.C.G.A. §§ 11-2-508,11-2-605, and11-2-607(3)(a) as the warranty was a limited warranty. Knight v. Am. Suzuki Motor Corp., 272 Ga. App. 319, 612 S.E.2d 546 (2005).

Cited in Hill Aircraft & Leasing Corp. v. Planes, Inc., 169 Ga. App. 161, 312 S.E.2d 119 (1983); Wolfes v. Terrell, 173 Ga. App. 835, 328 S.E.2d 569 (1985); Mauk v. Pioneer Ford Mercury, 308 Ga. App. 864, 709 S.E.2d 353 (2011).

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 578-584.

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

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-508.

ALR.

- Effect of premature tender of goods which is refused by the buyer, 47 A.L.R. 193.

Seller's cure of improper tender or delivery under UCC § 2-508, 36 A.L.R.4th 544.

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