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7-2-602
Section 7-2-602 Manner and effect of rightful rejection. (1) Rejection of goods must be within
a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably
notifies the seller. (2) Subject to the provisions of Sections 7-2-603 and 7-2-604 on rejected
goods: (a) After rejection any exercise of ownership by the buyer with respect to any commercial
unit is wrongful as against the seller; and (b) If the buyer has before rejection taken physical
possession of goods in which he does not have a security interest under the provisions of
this article (subsection (3) of Section 7-2-711), he is under a duty after rejection to hold
them with reasonable care at the seller's disposition for a time sufficient to permit the
seller to remove them; but (c) The buyer has no further obligations with regard to goods rightfully
rejected. (3) The seller's rights with respect to goods wrongfully rejected are governed by
the provisions of this article on seller's remedies in...
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7-2-709
Section 7-2-709 Action for the price. (1) When the buyer fails to pay the price as it becomes
due the seller may recover, together with any incidental damages under Section 7-2-710, the
price: (a) Of goods accepted or of conforming goods lost or damaged within a commercially
reasonable time after risk of their loss has passed to the buyer; and (b) Of goods identified
to the contract if the seller is unable after reasonable effort to resell them at a reasonable
price or the circumstances reasonably indicate that such effort will be unavailing. (2) Where
the seller sues for the price he must hold for the buyer any goods which have been identified
to the contract and are still in his control except that if resale becomes possible he may
resell them at any time prior to the collection of the judgment. The net proceeds of any such
resale must be credited to the buyer and payment of the judgment entitles him to any goods
not resold. (3) After the buyer has wrongfully rejected or revoked...
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28-9-6
Section 28-9-6 Amendment, cancellation, etc., of agreements; proof of good faith; notice; good
cause. (a) Notwithstanding any agreement and except as otherwise provided for in this chapter,
a supplier shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement;
or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the
supplier has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c) of this section. (2) Has acted in good faith. (3) Has good cause for the
amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced
resignation. (b) For each amendment, modification, termination, cancellation, nonrenewal,
or discontinuance, the supplier shall have the burden of proving that it has acted in good
faith, that the notice requirements under this section have been complied with, and that there
was good cause for the amendment, modification, termination,...
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7-2-510
Section 7-2-510 Effect of breach on risk of loss. (1) Where a tender or delivery of goods so
fails to conform to the contract as to give a right of rejection the risk of their loss remains
on the seller until cure or acceptance. (2) Where the buyer rightfully revokes acceptance
he may to the extent of any deficiency in his effective insurance coverage treat the risk
of loss as having rested on the seller from the beginning. (3) Where the buyer as to conforming
goods already identified to the contract for sale repudiates or is otherwise in breach before
risk of their loss has passed to him, the seller may to the extent of any deficiency in his
effective insurance coverage treat the risk of loss as resting on the buyer for a commercially
reasonable time. (Acts 1965, No. 549, p. 811.)...
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8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales contract,
etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as provided
in subsection (d), notwithstanding any dealer agreement, sales contract, franchise agreement,
or other agreement by and between dealer and supplier except where grounds for termination
or nonrenewal of a dealer's agreement or a change in his or her competitive position are contained
in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier shall give a
dealer at least 90 days' written notice of the supplier's intent to terminate, cancel, or
not renew a dealer agreement or change the dealer's competitive circumstances. The notice
shall state all reasons relied upon by supplier to show good cause for the action and shall
provide the dealer with a reasonable time in which to correct any claimed deficiency with
a minimum of at least six months. Once mutually agreeable steps have been...
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8-23-7
Section 8-23-7 Assignment of contract; notice. No right of action or defense arising out of
a contract for health studio services which the buyer has against the seller, and which would
be cut off by assignment, shall be cut off by assignment of the contract to any third party
whether or not he acquires the contract in good faith and for value unless the assignee gives
notice of the assignment to the buyer as provided in this section and within 30 days of the
mailing of notice receives no written notice of the facts giving rise to the claim or defense
of the buyer. A notice of assignment shall be in writing addressed to the buyer at the address
shown on the contract and shall identify the contract and inform the buyer that he must, within
30 days of the date of mailing of the notice, notify the assignee in writing of any facts
giving rise to a claim or defense which he may have. The notice of assignment shall state
the name of the seller and buyer, a description of the services, the...
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5-19-13
Section 5-19-13 Repossession or acceptance of surrender of goods priced at one thousand dollars
or less. If any seller or assignee of the seller repossesses or voluntarily accepts surrender
of goods sold in which the seller or assignee has a security interest and the original cash
price of the goods repossessed or surrendered was one thousand dollars ($$1,000)
or less, the buyer is not personally liable to the seller or assignee for the unpaid balance
of the debt arising from the sale and the seller or assignee is not obligated to sell the
collateral. (Acts 1971, No. 2052, p. 3290, §9; Acts 1996, No. 96-576, p. 887, §2.)...
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7-2-104
Section 7-2-104 Definitions: "Merchant"; "between merchants"; "financing
agency." (1) "Merchant" means a person who deals in goods of the kind or otherwise
by his occupation holds himself out as having knowledge or skill peculiar to the practices
or goods involved in the transaction or to whom such knowledge or skill may be attributed
by his employment of an agent or broker or other intermediary who by his occupation holds
himself out as having such knowledge or skill. (2) "Financing agency" means a bank,
finance company or other person who in the ordinary course of business makes advances against
goods or documents of title or who by arrangement with either the seller or the buyer intervenes
in ordinary course to make or collect payment due or claimed under the contract for sale,
as by purchasing or paying the seller's draft or making advances against it or by merely taking
it for collection whether or not documents of title accompany or are associated with the draft.
"Financing...
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7-2-325
Section 7-2-325 "Letter of credit" term; "confirmed credit." (1) Failure
of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract
for sale. (2) The delivery to seller of a proper letter of credit suspends the buyer's obligation
to pay. If the letter of credit is dishonored, the seller may on seasonable notification to
the buyer require payment directly from him. (3) Unless otherwise agreed the term "letter
of credit" or "banker's credit" in a contract for sale means an irrevocable
credit issued by a financing agency of good repute and, where the shipment is overseas, of
good international repute. The term "confirmed credit" means that the credit must
also carry the direct obligation of such an agency which does business in the seller's financial
market. (Acts 1965, No. 549, p. 811.)...
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7-2-505
Section 7-2-505 Seller's shipment under reservation. (1) Where the seller has identified goods
to the contract by or before shipment: (a) His procurement of a negotiable bill of lading
to his own order or otherwise reserves in him a security interest in the goods. His procurement
of the bill to the order of a financing agency or of the buyer indicates in addition only
the seller's expectation of transferring that interest to the person named. (b) A nonnegotiable
bill of lading to himself or his nominee reserves possession of the goods as security but
except in a case of conditional delivery (subsection (2) of Section 7-2-507) a nonnegotiable
bill of lading naming the buyer as consignee reserves no security interest even though the
seller retains possession or control of the bill of lading. (2) When shipment by the seller
with reservation of a security interest is in violation of the contract for sale, it constitutes
an improper contract for transportation within Section 7-2-504, but...
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