|
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-322.htm - 1K - Match Info - Similar pages
7-2-702
Section 7-2-702 Seller's remedies on discovery of buyer's insolvency. (1) Where the seller
discovers the buyer to be insolvent he may refuse delivery except for cash, including payment
for all goods theretofore delivered under the contract, and stop delivery under this article
(Section 7-2-705). (2) Where the seller discovers that the buyer has received goods on credit
while insolvent he may reclaim the goods upon demand made within 10 days after the receipt,
but if misrepresentation of solvency has been made to the particular seller in writing within
three months before delivery the 10-day limitation does not apply. Except as provided in this
subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent
misrepresentation of solvency or of intent to pay. (3) The seller's right to reclaim under
subsection (2) is subject to the rights of a buyer in ordinary course or other good faith
purchaser or lien creditor under this article (Section 7-2-403)....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-702.htm - 1K - Match Info - Similar pages
7-2-507
Section 7-2-507 Effect of seller's tender; delivery on condition. (1) Tender of delivery is
a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty
to pay for them. Tender entitles the seller to acceptance of the goods and to payment according
to the contract. (2) Where payment is due and demanded on the delivery to the buyer of goods
or documents of title, his right as against the seller to retain or dispose of them is conditional
upon his making the payment due. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-507.htm - 848 bytes - Match Info - Similar pages
7-7-210
Section 7-7-210 Enforcement of warehouse's lien. (a) Except as otherwise provided in subsection
(b), a warehouse's lien 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 warehouse is not of itself sufficient
to establish that the sale was not made in a commercially reasonable manner. The warehouse
sells in a commercially reasonable manner if the warehouse 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-210.htm - 4K - Match Info - Similar pages
8-16-104
Section 8-16-104 Sale of ice regulated. (a) It shall be unlawful for any person, firm or corporation
to sell ice in any other manner than by weight. (b) All ice shall be correctly weighed by
the seller at the time of delivery to the purchaser. All agents or employees of any person,
firm or corporation engaged in the sale and delivery of ice shall be provided with suitable
and correct weighing devices to be used for the purpose of correctly weighing each piece of
ice delivered. (c) It shall be unlawful for any such agent or employee to report or make a
charge for any quantity of ice in excess of the quantity in pounds, or fraction thereof, actually
delivered according to the weight thereof. It shall be unlawful for any person, firm or corporation
delivering ice to refuse, on demand, to allow the purchaser to witness the weighing of the
same at the time of delivery, or to refuse, on demand, to furnish the purchaser with a weight
slip at the time of delivery containing the name of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-16-104.htm - 1K - Match Info - Similar pages
34-27-58
Section 34-27-58 Acts constituting violation of article - Failure to place 50 percent of cash,
etc., received in escrow; failure to provide liability insurance, etc. (a) It shall be a violation
of this article for a seller of vacation time-sharing lease plans to fail to: (1) Place in
escrow 50 percent of the cash and receivables received from the purchasers of such plans,
such receivables to be assessed at net principal value. a. The purpose of such escrow account
is to protect the purchaser's right to a refund if at any time the accommodations and facilities
are no longer available as provided in the contract; provided however, nothing contained in
this section shall operate to deny the seller the option to repair, replace, or reconstruct,
within a reasonable time, the accommodations or facilities, if destroyed or damaged. b. The
purchaser shall be entitled to a refund from the escrow account upon the conditions described
above in an amount which represents the buyer's pro rata share...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-58.htm - 8K - Match Info - Similar pages
7-9A-317
Section 7-9A-317 Interests that take priority over or take free of security interest or agricultural
lien. (a) Conflicting security interests and rights of lien creditors. A security interest
or agricultural lien is subordinate to the rights of: (1) a person entitled to priority under
Section 7-9A-322; and (2) except as otherwise provided in subsection (e), a person that becomes
a lien creditor before the earlier of the time: (A) the security interest or agricultural
lien is perfected; or (B) one of the conditions specified in Section 7-9A-203(b)(3) is met
and a financing statement covering the collateral is filed. (b) Buyers that receive delivery.
Except as otherwise provided in subsection (e), a buyer, other than a secured party, of tangible
chattel paper, tangible documents, goods, instruments, or a certificated security takes free
of a security interest or agricultural lien if the buyer gives value and receives delivery
of the collateral without knowledge of the security interest...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-317.htm - 2K - Match Info - Similar pages
8-17-213
Section 8-17-213 Requirement that consignee produce permit, etc., prior to delivery, sale,
etc., of fireworks; requirement that purchaser of fireworks obtain proof that seller possesses
permit; keeping of records by permit holders. No person shall deliver, sell or ship fireworks
into or within the State of Alabama unless the consignee produces the required permit or evidence
that the consignee holds said permit. No person shall purchase fireworks from another person
without first requiring proof that the proper permit required of the seller herein has been
obtained and is current and valid. Each holder of a permit under the provisions of this article
shall keep an accurate record of each shipment received. Each holder of a permit as distributor
or wholesaler shall keep a record of each sale, delivery, or out shipment of fireworks. Such
records shall be clear, legible, and accurate, showing the name and address of the seller
or purchaser, item and quantity received or sold. Such records...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-17-213.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-320.htm - 2K - Match Info - Similar pages
7-7-601
Section 7-7-601 Lost, stolen, or destroyed documents of title. (a) If a document of title is
lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute
document and the bailee may without liability to any person comply with the order. If the
document was negotiable, a court may not order delivery of the goods or issuance of a substitute
document without the claimant's posting security unless it finds that any person that may
suffer loss as a result of nonsurrender of possession or control of the document is adequately
protected against the loss. If the document was nonnegotiable, the court may require security.
The court may also order payment of the bailee's reasonable costs and attorney's fees in any
action under this subsection. (b) A bailee that, without a court order, delivers goods to
a person claiming under a missing negotiable document of title is liable to any person injured
thereby. If the delivery is not in good faith, the bailee is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-601.htm - 1K - Match Info - Similar pages
|