Code of Alabama

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7-2-103
Section 7-2-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer" means a person who buys or contracts to buy goods.
(b) "Good faith" in the case of a merchant means honesty in fact and the observance
of reasonable commercial standards of fair dealing in the trade. (c) "Receipt" of
goods means taking physical possession of them. (d) "Seller" means a person who
sells or contracts to sell goods. (2) Other definitions applying to this article or to specified
parts thereof and the sections in which they appear are: "Acceptance." Section 7-2-606.
"Banker's credit." Section 7-2-325. "Between merchants." Section 7-2-104.
"Cancellation." Section 7-2-106 (4). "Commercial unit." Section 7-2-105.
"Confirmed credit." Section 7-2-325. "Conforming to contract." Section
7-2-106. "Contract for sale." Section 7-2-106. "Cover." Section 7-2-712.
"Entrusting." Section 7-2-403. "Financing agency." Section 7-2-104. "Future
goods." Section 7-2-105....
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7-2-106
Section 7-2-106 Definitions: "Contract"; "agreement"; "contract for
sale"; "sale"; "present sale"; "conforming" to contract;
"termination"; "cancellation." (1) In this article unless the context
otherwise requires "contract" and "agreement" are limited to those relating
to the present or future sale of goods. "Contract for sale" includes both a present
sale of goods and a contract to sell goods at a future time. A "sale" consists in
the passing of title from the seller to the buyer for a price (Section 7-2-401). A "present
sale" means a sale which is accomplished by the making of the contract. (2) Goods or
conduct including any part of a performance are "conforming" or "conform to
the contract" when they are in accordance with the obligations under the contract. (3)
"Termination" occurs when either party pursuant to a power created by agreement
or law puts an end to the contract otherwise than for its breach. On "termination"
all obligations which are still executory on both sides are...
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7-2-703
Section 7-2-703 Seller's remedies in general. Where the buyer wrongfully rejects or revokes
acceptance of goods or fails to make a payment due on or before delivery or repudiates with
respect to a part or the whole, then with respect to any goods directly affected and, if the
breach is of the whole contract (Section 7-2-612), then also with respect to the whole undelivered
balance, the aggrieved seller may: (a) Withhold delivery of such goods; (b) Stop delivery
by any bailee as hereafter provided (Section 7-2-705); (c) Proceed under Section 7-2-704 respecting
goods still unidentified to the contract; (d) Resell and recover damages as hereafter provided
(Section 7-2-706); (e) Recover damages for nonacceptance (Section 7-2-708) or in a proper
case the price (Section 7-2-709); (f) Cancel. (Acts 1965, No. 549, p. 811.)...
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8-13-17
Section 8-13-17 Sale limited to inventoried stock; additions to inventory. (a) During any going
out of business sale or distress merchandise sale, it shall be unlawful for a licensee to
sell, offer for sale, or advertise for sale any goods, wares, or merchandise which were not
included in the inventory filed with his application or added to his stock as permitted in
this section. (b) During any licensed going out of business sale or distress merchandise sale,
no additions shall be made to the stock of merchandise set forth in the inventory attached
to the application for the license; provided, however, that the applicant may add new stock
not to exceed 10 percent of the dollar value of the inventory of goods, wares, or merchandise
on hand as shown in the inventory attached to the application filed pursuant to this chapter;
and provided further, that the addition of 10 percent shall include the goods, wares, or merchandise
on order as shown in the application. The purpose of said...
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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
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16-25-26
Section 16-25-26 Performance of duties by retired persons; service in elected public office.
(a) Any person who is retired under the Teachers' Retirement System may perform duties in
any capacity, including as an independent contractor, with any employer participating in the
Employees' Retirement System or the Teachers' Retirement System without suspension of his
or her retirement allowance provided that (1) the person is not employed in a permanent full-time
capacity and (2) the person's compensation from the employer in calendar year 2016 does not
exceed thirty thousand dollars ($30,000). Beginning in calendar year 2017, and each calendar
year thereafter, the annual earning limit shall be increased by the same percentage increase
as the increase in the Consumer Price Index for all urban consumers as published by the U.S.
Department of Labor, Bureau of Labor Statistics. Any increase in the annual earning limit
shall be rounded to the next lowest multiple of one thousand dollars...
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36-27-8.2
Section 36-27-8.2 Performance of duties by retired persons; service in elected public office.
(a) Any person who is retired under the Employees' Retirement System may perform duties in
any capacity, including as an independent contractor, with any employer participating in the
Employees' Retirement System or the Teachers' Retirement System without suspension of his
or her retirement allowance provided that (1) the person is not employed in a permanent full-time
capacity and (2) the person's compensation from the employer in calendar year 2016 does not
exceed thirty thousand dollars ($30,000). Beginning in calendar year 2017, and each calendar
year thereafter, the annual earning limit shall be increased by the same percentage increase
as the increase in the Consumer Price Index for all urban consumers as published by the U.S.
Department of Labor, Bureau of Labor Statistics. Any increase in the annual earning limit
shall be rounded to the next lowest multiple of one thousand dollars...
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7-2-105
Section 7-2-105 Definitions: "Transferability"; "goods"; "future goods";
"lot"; "commercial unit." (1) "Goods" means all things (including
specially manufactured goods) which are movable at the time of identification to the contract
for sale other than the money in which the price is to be paid, investment securities (Article
8) and things in action. "Goods" also includes the unborn young of animals and growing
crops and other identified things attached to realty as described in the section on goods
to be severed from realty (Section 7-2-107). (2) Goods must be both existing and identified
before any interest in them can pass. Goods which are not both existing and identified are
"future goods". A purported present sale of future goods or of any interest therein
operates as a contract to sell. (3) There may be a sale of a part interest in existing identified
goods. (4) An undivided share in an identified bulk of fungible goods is sufficiently identified
to be sold although the quantity...
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7-2-603
Section 7-2-603 Merchant buyer's duties as to rightfully rejected goods. (1) Subject to any
security interest in the buyer (subsection (3) of Section 7-2-711), when the seller has no
agent or place of business at the market of rejection a merchant buyer is under a duty after
rejection of goods in his possession or control to follow any reasonable instructions received
from the seller with respect to the goods and in the absence of such instructions to make
reasonable efforts to sell them for the seller's account if they are perishable or threaten
to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses
is not forthcoming. (2) When the buyer sells goods under subsection (1), he is entitled to
reimbursement from the seller or out of the proceeds for reasonable expenses of caring for
and selling them, and if the expenses include no selling commission then to such commission
as is usual in the trade or if there is none to a reasonable sum not...
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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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