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7-2-319
Section 7-2-319 F.O.B. and F.A.S. terms. (1) Unless otherwise agreed the term F.O.B. (which
means "free on board") at a named place, even though used only in connection with
the stated price, is a delivery term under which: (a) When the term is F.O.B. the place of
shipment, the seller must at that place ship the goods in the manner provided in this article
(Section 7-2-504) and bear the expense and risk of putting them into the possession of the
carrier; or (b) When the term is F.O.B. the place of destination, the seller must at his own
expense and risk transport the goods to that place and there tender delivery of them in the
manner provided in this article (Section 7-2-503); (c) When under either (a) or (b) the term
is also F.O.B. vessel, car or other vehicle, the seller must in addition at his own expense
and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel
and in an appropriate case the seller must comply with the provisions of this article...
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7-2-501
Section 7-2-501 Insurable interest in goods; manner of identification of goods. (1) The buyer
obtains a special property and an insurable interest in goods by identification of existing
goods as goods to which the contract refers even though the goods so identified are nonconforming
and he has an option to return or reject them. Such identification can be made at any time
and in any manner explicitly agreed to by the parties. In the absence of explicit agreement
"identification" occurs: (a) When the contract is made if it is for the sale of
goods already existing and identified; (b) If the contract is for the sale of future goods
other than those described in paragraph (c), when goods are shipped, marked or otherwise designated
by the seller as goods to which the contract refers; (c) When the crops are planted or otherwise
become growing crops or the young are conceived if the contract is for the sale of unborn
young to be born within 12 months after contracting or for the sale of...
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7-2-502
Section 7-2-502 Buyer's right to goods. (1) Subject to subsections (2) and (3) and even though
the goods have not been shipped a buyer who has paid a part or all of the price of goods in
which he has a special property under the provisions of Section 7-2-501 may on making and
keeping good a tender of any unpaid portion of their price recover them from the seller if:
(a) in the case of goods bought for personal, family, or household purposes, the seller
repudiates or fails to deliver as required by the contract; or (b) in all cases, the seller
becomes insolvent within 10 days after receipt of the first installment on their price. (2)
The buyer's right to recover the goods under subsection (1)(a) vests upon acquisition of a
special property, even if the seller had not then repudiated or failed to deliver. (3) If
the identification creating his special property has been made by the buyer he acquires the
right to recover the goods only if they conform to the contract for sale. (Acts 1965,...
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7-2-306
Section 7-2-306 Output, requirements, and exclusive dealings. (1) A term which measures the
quantity by the output of the seller or the requirements of the buyer means such actual output
or requirements as may occur in good faith, except that no quantity unreasonably disproportionate
to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable
prior output or requirements may be tendered or demanded. (2) A lawful agreement by either
the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless
otherwise agreed an obligation by the seller to use best efforts to supply the goods and by
the buyer to use best efforts to promote their sale. (Acts 1965, No. 549, p. 811.)...
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7-2-314
Section 7-2-314 Implied warranty: Merchantability; usage of trade; human blood and tissues.
(1) Unless excluded or modified (Section 7-2-316), a warranty that the goods shall be merchantable
is implied in a contract for their sale if the seller is a merchant with respect to goods
of that kind. Under this section the serving for value of food or drink to be consumed either
on the premises or elsewhere is a sale. (2) Goods to be merchantable must be at least such
as: (a) Pass without objection in the trade under the contract description; and (b) In the
case of fungible goods, are of fair average quality within the description; and (c) Are fit
for the ordinary purposes for which such goods are used; and (d) Run, within the variations
permitted by the agreement, of even kind, quality and quantity within each unit and among
all units involved; and (e) Are adequately contained, packaged, and labeled as the agreement
may require; and (f) Conform to the promises or affirmations of fact made on...
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7-2-322
Section 7-2-322 Delivery "ex-ship". (1) Unless otherwise agreed a term for delivery
of goods "ex-ship" (which means from the carrying vessel) or in equivalent language
is not restricted to a particular ship and requires delivery from a ship which has reached
a place at the named port of destination where goods of the kind are usually discharged. (2)
Under such a term unless otherwise agreed: (a) The seller must discharge all liens arising
out of the carriage and furnish the buyer with a direction which puts the carrier under a
duty to deliver the goods; and (b) The risk of loss does not pass to the buyer until the goods
leave the ship's tackle or are otherwise properly unloaded. (Acts 1965, No. 549, p. 811.)...
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7-2-201
Section 7-2-201 Formal requirements; statute of frauds. (1) Except as otherwise provided in
this section a contract for the sale of goods for the price of $500 or more is not enforceable
by way of action or defense unless there is some writing sufficient to indicate that a contract
for sale has been made between the parties and signed by the party against whom enforcement
is sought or by his authorized agent or broker. A writing is not insufficient because it omits
or incorrectly states a term agreed upon, but the contract is not enforceable under this paragraph
beyond the quantity of goods shown in such writing. (2) Between merchants if within a reasonable
time a writing in confirmation of the contract and sufficient against the sender is received
and the party receiving it has reason to know its contents, it satisfies the requirements
of subsection (1) against such party unless written notice of objection to its contents is
given within 10 days after it is received. (3) A contract...
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8-19A-13
Section 8-19A-13 Gifts, premiums, bonuses, or prizes; disclosures. If a commercial telephone
seller expressly or impliedly represents to any prospective purchaser, directly or through
a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus,
or prize, however denominated, the commercial telephone seller shall submit to the division
a statement setting forth, for each item mentioned: (1) A description of the item. (2) The
value or worth of the item and the basis for the valuation. (3) All terms and conditions a
purchaser is required to satisfy in order to receive the item. The statement shall be accompanied
by a copy of the written statement of terms and conditions provided to purchasers pursuant
to this chapter. (4) If they are ascertainable, the odds, for a given purchaser, of receiving
the item. (5) If a purchaser is to receive fewer than all the items described by the seller:
a. The manner in which the commercial telephone seller decides which item...
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8-19A-3
means a written or oral notification or advertisement transmitted through any means. Also,
for purposes of this section, "invites a response by telephone" does not mean the
mere listing or including of a telephone number in a notification or advertisement. (4) COMMISSION.
The Alabama Public Service Commission. (5) CONSUMER. An actual or prospective purchaser, lessee,
or recipient of consumer goods or services. (6) CONSUMER GOODS OR SERVICES. Any real property
or any tangible or intangible personal property which is normally used for personal,
family, or household purposes including, without limitation, any property intended to be attached
to or installed in any real property, without regard to whether it is so attached or installed,
as well as cemetery lots, timeshare estates and licenses, and any services related to the
property. (7) DIVISION. The Consumer Division of the Office of the Attorney General. (8) DOING
BUSINESS IN THIS STATE. Businesses conducting telephonic sales calls...
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7-2-107
Section 7-2-107 Goods to be severed from realty; recording. (1) A contract for the sale of
minerals or the like (including oil and gas) or a structure or its materials to be removed
from realty is a contract for the sale of goods within this article if they are to be severed
by the seller, but until severance a purported present sale thereof which is not effective
as a transfer of an interest in land is effective only as a contract to sell. (2) A contract
for the sale apart from the land of growing crops or other things attached to realty and capable
of severance without material harm thereto but not described in subsection (1) is a contract
for the sale of goods within this article whether the subject matter is to be severed by the
buyer or by the seller even though it forms part of the realty at the time of contracting,
and the parties can by identification effect a present sale before severance. (3) The provisions
of this section are subject to any third-party rights provided by the...
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