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7-7-503
Section 7-7-503 Document of title to goods defeated in certain cases. (a) A document of title
confers no right in goods against a person that before issuance of the document had a legal
interest or a perfected security interest in the goods and that did not: (1) Deliver or entrust
the goods or any document of title covering the goods to the bailor or the bailor's nominee
with: (A) Actual or apparent authority to ship, store, or sell; (B) Power to obtain delivery
under Section 7-7-403; or (C) Power of disposition under Section 7-2-403, 7-2A-304(2), 7-2A-305(2),
7-9A-320, or 7-9A-321(c) or other statute or rule of law; or (2) Acquiesce in the procurement
by the bailor or its nominee of any document. (b) Title to goods based upon an unaccepted
delivery order is subject to the rights of any person to which a negotiable warehouse receipt
or bill of lading covering the goods has been duly negotiated. That title may be defeated
under Section 7-7-504 to the same extent as the rights of the...
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40-12-240
Section 40-12-240 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) DEPARTMENT. The Alabama Department
of Revenue. (2) ESTABLISHED PLACE OF BUSINESS. A place actually occupied either continuously
or at regular periods at or from which a business or a part thereof is transacted. (3) FARM
TRACTOR. Every motor vehicle designed and used primarily as a farm implement for drawing plows,
mowing machines, and other implements designed and used for agricultural purposes and only
incidentally moved upon public highways. (4) FARMER. An individual, partnership, cooperative
corporation, or other entity actively engaged in agriculture or agricultural activities as
the same are circumscribed and defined in paragraphs a. and b. of Section 41-14-51(1). (5)
FLEET. A group of similarly classified fleet vehicles comprised of 50 or more units or other
amount as prescribed by the department. (6) FLEET OPERATOR. A person,...
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40-12-391
Section 40-12-391 License - Generally. (a) No person shall be licensed as a motor vehicle dealer
under Section 40-12-51, 40-12-62, or 40-12-169, nor shall any person engage in business as,
serve in the capacity of, or act as a new motor vehicle dealer, used motor vehicle dealer,
motor vehicle rebuilder, or motor vehicle wholesaler in this state, without first obtaining
a master dealer license as provided in this article and, if a new motor vehicle dealer or
a used motor vehicle dealer, a state sales tax number. (b) No person shall engage in the business
of buying, selling, exchanging, advertising, or negotiating the sale of new motor vehicles
unless he or she holds a valid master dealer license as a new motor vehicle dealer in this
state for the make or makes of new motor vehicles being bought, sold, exchanged, advertised,
or negotiated or unless a bona fide employee or agent of the licensee. (c) No person, other
than a motor vehicle dealer licensed under this article or a recorded...
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7-7-102
Section 7-7-102 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Bailee" means a person that by a warehouse receipt, bill
of lading, or other document of title acknowledges possession of goods and contracts to deliver
them. (2) A "carrier" means a person that issues a bill of lading. (3) "Consignee"
means a person named in a bill of lading to which or to whose order the bill promises delivery.
(4) "Consignor" means a person named in a bill of lading as the person from which
the goods have been received for shipment. (5) "Delivery order" means a record that
contains an order to deliver goods directed to a warehouse, carrier, or other person that
in the ordinary course of business issues warehouse receipts or bills of lading. (6) "Good
faith" means honesty in fact in the conduct or transaction concerned. (7) "Goods"
means all things that are treated as movable for the purposes of a contract for storage or
transportation. (8) "Issuer"...
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7-7-206
Section 7-7-206 Termination of storage at warehouse's option. (a) A warehouse, by giving notice
to the person on whose account the goods are held and any other person known to claim an interest
in the goods, may require payment of any charges and removal of the goods from the warehouse
at the termination of the period of storage fixed by the document of title or, if a period
is not fixed, within a stated period not less than 30 days after the warehouse gives notice.
If the goods are not removed before the date specified in the notice, the warehouse may sell
them pursuant to Section 7-7-210. (b) If a warehouse in good faith believes that goods are
about to deteriorate or decline in value to less than the amount of its lien within the time
provided in subsection (a) and Section 7-7-210, the warehouse may specify in the notice given
under subsection (a) any reasonable shorter time for removal of the goods and, if the goods
are not removed, may sell them at public sale held not less than...
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16-46-6
Section 16-46-6 Permit for solicitation of students. (a) No person representing any private
postsecondary institution or other individual or organization offering courses in this state,
or from a place of business in this state, whether located within or outside this state, shall
sell any course or solicit students therefor in this state for a consideration or remuneration
unless a permit is first secured from the Department of Postsecondary Education, with the
exception of agents representing schools exempted under Section 16-46-3. If the agent represents
more than one school not exempted under Section 16-46-3, a separate permit shall be obtained
for each school represented. The application for a permit shall be made on forms to be furnished
by the Department of Postsecondary Education and shall be renewed every two years. (b) Upon
satisfactory review of an agent, the Department of Postsecondary Education shall issue a pocket
card displaying the signature of the person, facial photo,...
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2-12-2
Section 2-12-2 Sale requirements. It shall be unlawful: (1) For any dealer to offer for sale
or sell any case of eggs or partial case of eggs without clearly imprinting thereon or securely
attaching thereto a label on which there shall be plainly and legibly printed the name and
the address of the packer of said eggs, the grade and weight class to which the eggs contained
therein conform and the date on which the eggs were graded. The label and the printed matter
required to appear thereon shall be of a size to be prescribed by regulations adopted by the
State Board of Agriculture and Industries; (2) For any dealer to offer for sale or sell eggs
in any carton or other type of package without clearly designating thereon the name and address
of the packer of said eggs or person responsible for such packing, the grade and weight class
to which the eggs contained therein conform and the date on which the eggs were graded. Grade
and weight class designations required on cartons or other...
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37-2-60
Section 37-2-60 Measure of damages for loss, injury, or delay in delivery, etc. In all cases
of loss, destruction, injury to, delay in delivering or failure to deliver property, chattels
or goods of any character to the person entitled thereto by a transportation company, having
received the same for shipment in accordance with the contract of shipment, such transportation
company shall be liable to the person having the title to such property, chattels, or goods,
when lost or destroyed, for the market value of such chattels, property, or goods at the place
of destination, at the time and in the condition they should have been delivered, with interest
from the time they should have been delivered; and where injured, for the damages caused thereto,
less the amount of freight charges due for their transportation, with interest from the time
they should have been delivered uninjured; and in case of delay beyond a reasonable time,
the difference in the value of the goods when they should...
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7-2A-511
Section 7-2A-511 Merchant lessee's duties as to rightfully rejected goods. (1) Subject to any
security interest of a lessee (Section 7-2A-508(5)), if a lessor or a supplier has no agent
or place of business at the market of rejection, a merchant lessee, after rejection of goods
in his or her possession or control, shall follow any reasonable instructions received from
the lessor or the supplier with respect to the goods. In the absence of those instructions,
a merchant lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the
goods for the lessor's account if they threaten to decline in value speedily. Instructions
are not reasonable if on demand indemnity for expenses is not forthcoming. (2) If a merchant
lessee (subsection (1)) or any other lessee (Section 7-2A-512) disposes of goods, he or she
is entitled to reimbursement either from the lessor or the supplier or out of the proceeds
for reasonable expenses of caring for and disposing of the goods and, if the...
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7-9A-320
Section 7-9A-320 Buyer of goods; Alabama Farmers Credit Protection Fund. (a) Buyer in ordinary
course of business. Except as otherwise provided in subsection (e), a buyer in ordinary course
of business, other than a person buying farm products from a person engaged in farming operations,
takes free of a security interest created by the buyer's seller, even if the security interest
is perfected and the buyer knows of its existence. (b) Buyer of consumer goods. Except as
otherwise provided in subsection (e), a buyer of goods from a person who used or bought the
goods for use primarily for personal, family, or household purposes takes free of a security
interest, even if perfected, if the buyer buys: (1) without knowledge of the security interest;
(2) for value; (3) primarily for the buyer's personal, family, or household purposes; and
(4) before the filing of a financing statement covering the goods. (c) Effectiveness of filing
for subsection (b). To the extent that it affects the...
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