7-2-616
Section 7-2-616 Procedure on notice claiming excuse. (1) Where the buyer receives notification
of a material or indefinite delay or an allocation justified under Section 7-2-615, he may
by written notification to the seller as to any delivery concerned, and where the prospective
deficiency substantially impairs the value of the whole contract under the provisions of this
article relating to breach of installment contracts (Section 7-2-612), then also as to the
whole: (a) Terminate and thereby discharge any unexecuted portion of the contract; or (b)
Modify the contract by agreeing to take his available quota in substitution. (2) If after
receipt of such notification from the seller the buyer fails so to modify the contract within
a reasonable time not exceeding 30 days the contract lapses with respect to any deliveries
affected. (3) The provisions of this section may not be negated by agreement except insofar
as the seller has assumed a greater obligation under Section 7-2-615. (Acts...
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7-7-308
Section 7-7-308 Enforcement of carrier's lien. (a) A carrier's lien on goods may be enforced
by public or private sale of the goods, in bulk or in packages, at any time or place and on
any terms that are commercially reasonable, after notifying all persons known to claim an
interest in the goods. The notification must include a statement of the amount due, the nature
of the proposed sale, and the time and place of any public sale. The fact that a better price
could have been obtained by a sale at a different time or in a method different from that
selected by the carrier is not of itself sufficient to establish that the sale was not made
in a commercially reasonable manner. The carrier sells goods in a commercially reasonable
manner if the carrier sells the goods in the usual manner in any recognized market therefor,
sells at the price current in that market at the time of the sale, or otherwise sells in conformity
with commercially reasonable practices among dealers in the type of...
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35-8A-408
Section 35-8A-408 Purchaser's right to cancel. (a) A person required to deliver the required
documents or report pursuant to Section 35-8A-402(c) or 35-8A-407 shall provide a purchaser
of a unit with a copy of the offering statement and all amendments thereto not later than
the date of any contract of sale. Unless a purchaser is given the required documents more
than seven days before execution of a contract for the purchase of a unit, the purchaser may
cancel the contract within seven days after first receiving the required documents or report.
(b) If a purchaser elects to cancel a contract or conveyance pursuant to subsection (a), he
or she may do so by hand-delivering notice thereof to the offeror or by mailing notice thereof
by prepaid United States mail to the offeror or to his or her agent for service of process.
Cancellation is without penalty, and all payments made by the purchaser before cancellation
shall be refunded promptly. (c) If a person required to deliver an offering...
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7-2-320
Section 7-2-320 C.I.F. and C. & F. terms. (1) The term C.I.F. means that the price includes
in a lump sum the cost of the goods and the insurance and freight to the named destination.
The term C. & F. or C.F. means that the price so includes cost and freight to the named
destination. (2) Unless otherwise agreed and even though used only in connection with the
stated price and destination, the term C.I.F. destination or its equivalent requires the seller
at his own expense and risk to: (a) Put the goods into the possession of a carrier at the
port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation
to the named destination; and (b) Load the goods and obtain a receipt from the carrier (which
may be contained in the bill of lading) showing that the freight has been paid or provided
for; and (c) Obtain a policy or certificate of insurance, including any war risk insurance,
of a kind and on terms then current at the port of shipment in the usual...
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7-2-719
Section 7-2-719 Contractual modification or limitation of remedy. (1) Subject to the provisions
of subsections (2) and (3) of this section and of Section 7-2-718 on liquidation and limitation
of damages: (a) The agreement may provide for remedies in addition to or in substitution for
those provided in this article and may limit or alter the measure of damages recoverable under
this article, as by limiting the buyer's remedies to return of the goods and repayment of
the price or to repair and replacement of nonconforming goods or parts; and (b) Resort to
a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in
which case it is the sole remedy. (2) Where circumstances cause an exclusive or limited remedy
to fail of its essential purpose, remedy may be had as provided in this title. (3) Consequential
damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation
of consequential damages for injury to the person in the...
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7-2-612
Section 7-2-612 "Installment contract"; breach. (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) 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...
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7-2-725
Section 7-2-725 Statute of limitations in contracts for sale. (1) An action for breach of any
contract for sale must be commenced within four years after the cause of action has accrued.
By the original agreement the parties may reduce the period of limitation to not less than
one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless
of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when
tender of delivery is made, except that where a warranty explicitly extends to future performance
of the goods and discovery of the breach must await the time of such performance the cause
of action accrues when the breach is or should have been discovered; however, a cause of action
for damages for injury to the person in the case of consumer goods shall accrue when the injury
occurs. (3) Where an action commenced within the time limited by subsection (1) is so terminated
as to leave available a remedy by another action for the...
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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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7-7-209
Section 7-7-209 Lien of warehouse. (a) A warehouse has a lien against the bailor on the goods
covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession
for charges for storage or transportation, including demurrage and terminal charges, insurance,
labor, or other charges, present or future, in relation to the goods, and for expenses necessary
for preservation of the goods or reasonably incurred in their sale pursuant to law. If the
person on whose account the goods are held is liable for similar charges or expenses in relation
to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement
that a lien is claimed for charges and expenses in relation to other goods, the warehouse
also has a lien against the goods covered by the warehouse receipt or storage agreement or
on the proceeds thereof in its possession for those charges and expenses, whether or not the
other goods have been delivered by the warehouse....
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40-17-356
Section 40-17-356 Dyed diesel fuel. A notice stating: "DYED DIESEL FUEL, NON-HIGHWAY USE
ONLY, PENALTY FOR HIGHWAY USE" or a similar phrase that clearly indicates that the diesel
fuel is not to be used to operate a highway vehicle shall be provided or posted in all of
the following circumstances: (1) By the terminal operator to a person who receives dyed diesel
fuel at a terminal rack of that terminal operator. (2) By a seller of dyed diesel fuel to
its buyer if the diesel fuel is located outside the bulk transfer/terminal system and is not
sold from a retail pump or bulk plant posted in accordance with the requirements of this section.
(3) By a seller on a retail pump or bulk plant where it sells dyed diesel fuel for use by
its buyer. (4) By the time of the removal or sale appears on shipping documents, bills of
lading, and invoices accompanying the sale or removal of the dyed diesel fuel. (Act 2011-565,
p. 1084, §37.)...
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