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O.C.G.A. § 11-2-612

“Installment contract”; breach

Code 1933, § 109A-2 — 612, enacted by Ga

(1) An “installment contract” is one which requires or authorizes the

delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent.

(2) The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required

documents; but if the nonconformity does not fall within subsection (3) of this Code section and the seller gives adequate assurance of its cure

the buyer must accept that installment.

(3) Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past

installments or demands performance as to future installments.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.