45-44-245
Section 45-44-245 Definitions; levy of tax; permit; fees. (a) When used in this section, the
following terms shall have the following meanings: (1) PERSON. Any individual, firm, partnership,
corporation, association, or combination who, for a fee, severs clay, sand, or gravel within
Macon County. (2) PRODUCER. Any person engaging in the business of severing clay, sand, or
gravel for a fee from the soil within Macon County. (3) SEVERING. Cutting, mining, stripping,
or otherwise taking or removing clay, sand, or gravel from the soil within Macon County for
a fee. (b) In Macon County, the Macon County Commission may levy an additional severance fee
of seven cents ($.07) per ton on gravel or nine cents ($.09) per cubic yard, or two cents
($.02) per ton on sand and clay or three cents ($.03) per cubic yard, whichever is applicable,
on the severance of clay, sand, or gravel. These fees are levied and collected based upon
tons or yards sold. Each producer shall collect the fee from the...
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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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45-2-41.09
Section 45-2-41.09 Relation to other laws; rights of transferees and successors. (a) This part
applies to a new or existing dealership agreement for the sale or distribution of liquid goods
within Baldwin County, Alabama. However, the provisions of this part shall not apply to those
business relations, actions, transactions, dealerships, or franchises subject to the provisions
of Title 28, Chapter 9; Title 8, Chapter 20; or Title 8, Chapter 21A. (b) This part shall
apply to a dealership agreement in existence on January 1, 2008, as well as any dealership
agreement entered into or renewed after January 1, 2008. (c) A transferee of a dealer that
continues business as a dealer shall have the benefit of and be bound by all terms and conditions
of the dealership agreement with the grantor in effect on the date of the transfer. (d) A
successor to a grantor that continues in business as a grantor shall be bound by all terms
and conditions of each agreement of the grantor in effect on the date...
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45-49-41.08
Section 45-49-41.08 Relation to other laws; rights of transferees and successors. (a) This
part applies to a new or existing dealership agreement for the sale or distribution of liquid
goods within Mobile County, Alabama. However, the provisions of this part shall not apply
to those business relations, actions, transactions, dealerships, or franchises subject to
Chapter 20 of Title 8, Chapter 21A of Title 8, or Chapter 9 of Title 28. (b) This part shall
apply to a dealership agreement in existence on January 1, 2008, as well as any dealership
agreement entered into or renewed after January 1, 2008. (c) A transferee of a dealer that
continues business as a dealer shall have the benefit of and be bound by all terms and conditions
of the dealership agreement with the grantor in effect on the date of the transfer. (d) A
successor to a grantor that continues in business as a grantor shall be bound by all terms
and conditions of each agreement of the grantor in effect on the date of...
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7-2-312
Section 7-2-312 Warranty of title and against infringement; buyer's obligation against infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and (b) The goods shall be
delivered free from any security interest or other lien or encumbrance of which the buyer
at the time of contracting has no knowledge. (2) A warranty under subsection (1) will be excluded
or modified only by specific language or by circumstances which give the buyer reason to know
that the person selling does not claim title in himself or that he is purporting to sell only
such right or title as he or a third person may have. (3) Unless otherwise agreed a seller
who is a merchant regularly dealing in goods of the kind warrants that the goods shall be
delivered free of the rightful claim of any third person by way of infringement or the like,
but a buyer who furnishes specifications to the seller must hold...
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40-12-172
Section 40-12-172 Transient dealers. Each person doing business as a transient dealer as defined
in this section and who does not pay the privilege license under Section 40-12-73 or the license
permit under Section 40-25-19 shall pay an annual license tax to the state of $30. The payment
of one state license shall authorize such transient dealer to engage in such business in any
county in the state upon the payment of a county license of $5 in each such county. When used
in this section, the words "transient dealer" shall be held to include any person
or persons who shall be embraced in any of the following classifications: All persons acting
for themselves or as an agent, employee, salesman or in any capacity for another, whether
as owner, bailee or other custodian of goods, wares, and merchandise and going from person
to person, dealer to dealer, house to house or place to place and selling or offering to sell,
exchanging or offering to exchange, for resale by a retailer, any goods,...
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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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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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7-2-321
Section 7-2-321 C.I.F. or C. & F.: "Net landed weights"; "payment on arrival";
warranty of condition on arrival. Under a contract containing a term C.I.F. or C. & F.:
(1) Where the price is based on or is to be adjusted according to "net landed weights,"
"delivered weights," "out turn" quantity or quality or the like, unless
otherwise agreed the seller must reasonably estimate the price. The payment due on tender
of the documents called for by the contract is the amount so estimated, but after final adjustment
of the price a settlement must be made with commercial promptness. (2) An agreement described
in subsection (1) or any warranty of quality or condition of the goods on arrival places upon
the seller the risk of ordinary deterioration, shrinkage and the like in transportation but
has no effect on the place or time of identification to the contract for sale or delivery
or on the passing of the risk of loss. (3) Unless otherwise agreed where the contract provides
for payment on or...
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11-50-262
Section 11-50-262 Borrowing of money and issuance of revenue bonds therefor; execution of mortgages,
pledges, etc., as security for indebtedness; provisions in same as to rights of parties thereto,
etc.; sale of gas to municipalities authorized. (a) Any waterworks board shall also have the
power to borrow money and to issue revenue bonds as evidence of any money so borrowed, which
bonds shall be payable solely from the revenues derived from the operation of such gas plant
and system. As security for any money so borrowed, together with interest thereon and any
obligations incurred or assumed, the board shall have the power to mortgage, pledge, or otherwise
transfer and convey its real, personal, and mixed property or any part or parts thereof, whether
then owned or thereafter acquired, including its franchises owned and thereafter acquired
and all or any part of the revenues derived from such plant or system or any part thereof.
The instrument whereunder such mortgage or pledge shall...
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