7-2-306
Section 7-2-306 Output, requirements, and exclusive dealings. (1) A term which measures the
quantity by the output of the seller or the requirements of the buyer means such actual output
or requirements as may occur in good faith, except that no quantity unreasonably disproportionate
to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable
prior output or requirements may be tendered or demanded. (2) A lawful agreement by either
the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless
otherwise agreed an obligation by the seller to use best efforts to supply the goods and by
the buyer to use best efforts to promote their sale. (Acts 1965, No. 549, p. 811.)...
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7-2-315
Section 7-2-315 Implied warranty: Fitness for particular purpose. Where the seller at the time
of contracting has reason to know any particular purpose for which the goods are required
and that the buyer is relying on the seller's skill or judgment to select or furnish suitable
goods, there is unless excluded or modified under Section 7-2-316 an implied warranty that
the goods shall be fit for such purpose. (Acts 1965, No. 549, p. 811.)...
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7-2-601
Section 7-2-601 Buyer's rights on improper delivery. Subject to the provisions of this article
on breach in installment contracts (Section 7-2-612) and unless otherwise agreed under the
sections on contractual limitations of remedy (Sections 7-2-718 and 7-2-719), if the goods
or the tender of delivery fail in any respect to conform to the contract, the buyer may: (a)
Reject the whole; or (b) Accept the whole; or (c) Accept any commercial unit or units and
reject the rest. (Acts 1965, No. 549, p. 811.)...
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7-7-303
Section 7-7-303 Diversion; reconsignment; change of instructions. (a) Unless the bill of lading
otherwise provides, a carrier may deliver the goods to a person or destination other than
that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery,
on instructions from: (1) The holder of a negotiable bill; (2) The consignor on a nonnegotiable
bill, even if the consignee has given contrary instructions; (3) The consignee on a nonnegotiable
bill in the absence of contrary instructions from the consignor, if the goods have arrived
at the billed destination or if the consignee is in possession of the tangible bill or in
control of the electronic bill; or (4) The consignee on a nonnegotiable bill, if the consignee
is entitled as against the consignor to dispose of the goods. (b) Unless instructions described
in subsection (a) are included in a negotiable bill of lading, a person to which the bill
is duly negotiated may hold the bailee according to the...
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5-19-14
Section 5-19-14 Rebates or discounts, etc., as inducement for aiding sale to another prohibited.
With respect to a consumer credit sale, the seller may not give or offer to give a rebate
or discount, or otherwise pay or offer to pay value to the buyer, as an inducement for a sale
in consideration of the buyer giving to the seller the names of prospective purchasers, or
otherwise aiding the seller in making a sale to another person, if the earning of the rebate,
discount, or other value is contingent upon the occurrence of an event subsequent to the time
the buyer agrees to buy. If a buyer is induced by a violation of this section to enter into
a consumer credit sale, the agreement is unenforceable by the seller and the buyer, at the
buyer's option, may rescind the agreement or retain the goods delivered and the benefit of
any services performed without any obligation to pay for them. (Acts 1971, No. 2052, p. 3290,
§10; Acts 1996, No. 96-576, p. 887, §2.)...
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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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7-2-708
Section 7-2-708 Seller's damages for nonacceptance or repudiation. (1) Subject to subsection
(2) and to the provisions of this article with respect to proof of market price (Section 7-2-723),
the measure of damages for nonacceptance or repudiation by the buyer is the difference between
the market price at the time and place for tender and the unpaid contract price together with
any incidental damages provided in this article (Section 7-2-710), but less expenses saved
in consequence of the buyer's breach. (2) If the measure of damages provided in subsection
(1) is inadequate to put the seller in as good a position as performance would have done then
the measure of damages is the profit (including reasonable overhead) which the seller would
have made from full performance by the buyer, together with any incidental damages provided
in this article (Section 7-2-710), due allowance for costs reasonably incurred and due credit
for payments or proceeds of resale. (Acts 1965, No. 549, p. 811.)...
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7-2-718
Section 7-2-718 Liquidation or limitation of damages; deposits. (1) Damages for breach by either
party may be liquidated in the agreement but only at an amount which is reasonable in the
light of the anticipated or actual harm caused by the breach, the difficulties of proof of
loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A
term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller
justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled
to restitution of any amount by which the sum of his payments exceeds: (a) The amount to which
the seller is entitled by virtue of terms liquidating the seller's damages in accordance with
subsection (1), or (b) In the absence of such terms, 20 percent of the value of the total
performance for which the buyer is obligated under the contract or $500, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to...
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27-17A-10
Section 27-17A-10 Certificate required. (a) No person may sell a preneed contract without first
having a valid certificate of authority. (b)(1) No person may receive any funds for payment
on a preneed contract who does not hold a valid certificate of authority. (2) Any preneed
transaction in which a buyer pays to the seller before need, in whole or in part, a purchase
price for funeral or cemetery merchandise and services, and in which the seller is not obligated
to deliver the contracted for merchandise or to perform the services until need, in whole
or in part, shall be evidenced by a written preneed contract satisfying the requirements of
this chapter and signed by the seller and the purchaser. No person may receive or accept any
form of consideration in such a transaction without a fully signed written preneed contract.
A transaction not evidenced by a signed written preneed contract shall be voidable at the
election of the buyer and, if such election is made, the seller shall...
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7-2-710
Section 7-2-710 Seller's incidental damages. Incidental damages to an aggrieved seller include
any commercially reasonable charges, expenses or commissions incurred in stopping delivery,
in the transportation, care and custody of goods after the buyer's breach, in connection with
return or resale of the goods or otherwise resulting from the breach. (Acts 1965, No. 549,
p. 811.)...
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