7-2-327
Section 7-2-327 Special incidents of sale on approval and sale or return. (1) Under a sale
on approval unless otherwise agreed: (a) Although the goods are identified to the contract
the risk of loss and the title do not pass to the buyer until acceptance; and (b) Use of the
goods consistent with the purpose of trial is not acceptance but failure seasonably to notify
the seller of election to return the goods is acceptance, and if the goods conform to the
contract acceptance of any part is acceptance of the whole; and (c) After due notification
of election to return, the return is at the seller's risk and expense, but a merchant buyer
must follow any reasonable instructions. (2) Under a sale or return unless otherwise agreed:
(a) The option to return extends to the whole or any commercial unit of the goods while in
substantially their original condition, but must be exercised seasonably; and (b) The return
is at the buyer's risk and expense. (Acts 1965, No. 549, p. 811.)...
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37-3-15
Section 37-3-15 Licensing and regulation of brokers. (a) No person shall for compensation sell
or offer for sale transportation subject to this chapter or shall make any contract, agreement
or arrangement to provide, procure, furnish or arrange for such transportation or shall hold
himself or itself out by advertisement, solicitation or otherwise as one who sells, provides,
procures, contracts or arranges for such transportation, unless such person holds a broker's
license issued by the commission to engage in such transactions; provided, that no such person
shall engage in transportation subject to this chapter unless he holds a certificate or permit
as provided in this chapter. In the execution of any contract agreement or arrangement to
sell, provide, procure, furnish or arrange for such transportation, it shall be unlawful for
such person to employ any carrier by motor vehicle who or which is not the lawful holder of
an effective certificate or permit issued as provided in this...
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45-49-41
Section 45-49-41 Definitions. For purposes of this part, the following terms have the following
meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and
the grantee in either the operation of the dealership business or the marketing of such goods
and services. (2) DEALERSHIP AGREEMENT. An agreement or contract, either express or implied,
between two or more persons, by which a person is granted the right to sell or distribute
liquid goods, or use a trade name, trademark, service mark, logotype, advertising, or other
commercial symbol in the sale of liquid goods, in which there is a community of interest in
the business of offering, selling, or distributing liquid goods at wholesale, retail, by lease,
agreement, or otherwise. (3) GOOD CAUSE. Failure by a dealer to comply substantially with
a provision of the dealership agreement which is both reasonable and of material significance
to the business relationship between the dealer and grantor, provided...
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7-2-509
Section 7-2-509 Risk of loss in the absence of breach. (1) Where the contract requires or authorizes
the seller to ship the goods by carrier: (a) If it does not require him to deliver them at
a particular destination, the risk of loss passes to the buyer when the goods are duly delivered
to the carrier even though the shipment is under reservation (Section 7-2-505); but (b) If
it does require him to deliver them at a particular destination and the goods are there duly
tendered while in the possession of the carrier, the risk of loss passes to the buyer when
the goods are there duly so tendered as to enable the buyer to take delivery. (2) Where the
goods are held by a bailee to be delivered without being moved, the risk of loss passes to
the buyer: (a) On his receipt of possession or control of a negotiable document of title covering
the goods; or (b) On acknowledgment by the bailee of the buyer's right to possession of the
goods; or (c) After his receipt of possession or control of a...
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45-2-41.01
Section 45-2-41.01 Definitions. For purposes of this part, the following terms have the following
meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and
the grantee in either the operation of the dealership business or the marketing of such goods
and services. (2) DEALER. A person whose business is the wholesale distribution of liquid
goods for resale and who is a grantee of a dealership agreement for the sale or distribution
of liquid goods at wholesale within Baldwin County. (3) DEALERSHIP AGREEMENT. An agreement
or contract, either express or implied, between two or more persons, by which a person is
granted the right to sell or distribute liquid goods, or use a trade name, trademark, service
mark, logotype, advertising, or other commercial symbol in the sale of liquid goods, in which
there is a community of interest in the business of offering, selling, or distributing liquid
goods at wholesale, retail, by lease, agreement, or otherwise. (4)...
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7-2A-527
Section 7-2A-527 Lessor's rights to dispose of goods. (1) After a default by a lessee under
the lease contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or after
the lessor refuses to deliver or takes possession of goods (Section 7-2A-525 or 7-2A-526),
or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned
or the undelivered balance thereof by lease, sale, or otherwise. (2) Except as otherwise provided
with respect to damages liquidated in the lease agreement (Section 7-2A-504) or otherwise
determined pursuant to agreement of the parties (Sections 7-1-302 and 7-2A-503), if the disposition
is by lease agreement substantially similar to the original lease agreement and the new lease
agreement is made in good faith and in a commercially reasonable manner, the lessor may recover
from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement
of the term of the new lease agreement, (ii) the present value,...
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37-9-24
Section 37-9-24 Broker's licenses; bond or other security required of brokers; powers of commission
as to brokers' accounts, reports and records. (a) No person shall, for compensation, sell
or offer for sale transportation subject to this chapter or shall make any contract, agreement
or arrangement to provide, procure, furnish or arrange for such transportation or shall hold
himself or itself out by advertisement, solicitation or otherwise as one who sells, provides,
procures, contracts or arranges for such transportation, unless such person holds a brokers
license issued by the commission to engage in such transaction; provided, that no such person
shall engage in transportation subject to this chapter unless he or it holds a certificate
or permit as provided in this chapter. In the execution of any contract, agreement or arrangement
to sell, provide, procure, furnish or arrange for such transportation, it shall be unlawful
for such person to employ any air carrier who, or which, is...
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45-2-41.02
Section 45-2-41.02 Construction and application. (a) This part shall be liberally construed
and applied to promote its underlying remedial purposes and policies. (b) This part shall
govern dealership agreements for the sale or distribution of liquid goods in Baldwin County,
Alabama, to the full extent consistent with the constitutions of this state and the United
States. (c) The effect of this part may not be varied by contract or agreement. Any contract
or agreement purporting to do so is void and unenforceable to that extent only. (Act 2008-462,
p. 897, §3.)...
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45-49-41.01
Section 45-49-41.01 Construction and application. (a) This part shall be liberally construed
and applied to promote its underlying remedial purposes and policies. (b) This part shall
govern dealership agreements for the sale or distribution of liquid goods in Mobile County,
Alabama, to the full extent consistent with the constitutions of this state and the United
States. (c) The effect of this part may not be varied by contract or agreement. Any contract
or agreement purporting to do so is void and unenforceable to that extent only. (Act 2008-461,
p. 894, § 3.)...
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7-2-324
Section 7-2-324 "No arrival, no sale" term. Under a term "no arrival, no sale"
or terms of like meaning, unless otherwise agreed, (a) The seller must properly ship conforming
goods and if they arrive by any means he must tender them on arrival but he assumes no obligation
that the goods will arrive unless he has caused the nonarrival; and (b) Where without fault
of the seller the goods are in part lost or have so deteriorated as no longer to conform to
the contract or arrive after the contract time, the buyer may proceed as if there had been
casualty to identified goods (Section 7-2-613). (Acts 1965, No. 549, p. 811.)...
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