Buyer's Right to Inspection of Goods

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Sales
  5. Performance
  6. Buyer's Right to Inspection of Goods

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  1. Unless otherwise agreed and subject to subsection (3) of this Code section, where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival.
  2. Expenses of inspection must be borne by the buyer but may be recovered from the seller if the goods do not conform and are rejected.
  3. Unless otherwise agreed and subject to the provisions of this article on C.I.F. contracts (subsection (3) of Code Section 11-2-321), the buyer is not entitled to inspect the goods before payment of the price when the contract provides:
  1. For delivery "C.O.D." or on other like terms; or
  2. For payment against documents of title, except where such payment is due only after the goods are to become available for inspection.

A place or method of inspection fixed by the parties is presumed to be exclusive but unless otherwise expressly agreed it does not postpone identification or shift the place for delivery or for passing the risk of loss. If compliance becomes impossible, inspection shall be as provided in this Code section unless the place or method fixed was clearly intended as an indispensable condition failure of which avoids the contract.

(Code 1933, § 109A-2 - 513, 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 survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003). For note, "Buyer's Right to Revoke Acceptance Against the Automobile Manufacturer for Breach of its Continuing Warranty of Repair or Replacement," see 7 Ga. L. Rev. 711 (1973).

JUDICIAL DECISIONS

Cited in Tennessee-Virginia Constr. Co. v. Willingham, 117 Ga. App. 290, 160 S.E.2d 444 (1968); Atlantic Aluminum & Metal Distribs. v. Adams, 123 Ga. App. 387, 181 S.E.2d 101 (1971); Givens v. State, 216 Ga. App. 176, 454 S.E.2d 141 (1995); Imex Int'l v. Wires Eng'g, 261 Ga. App. 329, 583 S.E.2d 117 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 610-616, 699.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:423.

C.J.S.

- 77A C.J.S., Sales, § 185 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-513.

ALR.

- Right of bank which receives for collection draft with bill of lading attached, to deliver bill of lading conditionally to consignee to enable him to inspect the goods, 18 A.L.R. 732.

Buyer's right to inspect at destination where goods are delivered to carrier, 27 A.L.R. 524.

Implied warranty or condition as to quality of timber or lumber, 52 A.L.R. 1536.

Implied warranty of quality, fitness, or condition as affected by buyer's inspection of, or opportunity to inspect, goods, 168 A.L.R. 389.

Provision in bill of lading prohibiting or limiting consignee's right to inspect goods shipped, 25 A.L.R.2d 770.

Time, place and manner of buyer's inspection of goods under UCC § 2-513, 36 A.L.R.4th 726.


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