7-2-503
Section 7-2-503 Manner of seller's tender of delivery. (1) Tender of delivery requires that
the seller put and hold conforming goods at the buyer's disposition and give the buyer any
notification reasonably necessary to enable him to take delivery. The manner, time and place
for tender are determined by the agreement and this article, and in particular: (a) Tender
must be at a reasonable hour, and if it is of goods they must be kept available for the period
reasonably necessary to enable the buyer to take possession; but (b) Unless otherwise agreed
the buyer must furnish facilities reasonably suited to the receipt of the goods. (2) Where
the case is within Section 7-2-504 respecting shipment, tender requires that the seller comply
with its provisions. (3) Where the seller is required to deliver at a particular destination,
tender requires that he comply with subsection (1) and also in any appropriate case tender
documents as described in subsections (4) and (5) of this section. (4)...
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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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7-2-401
Section 7-2-401 Passing of title; reservation for security; limited application of this section.
Each provision of this article with regard to the rights, obligations and remedies of the
seller, the buyer, purchasers or other third parties applies irrespective of title to the
goods except where the provision refers to such title. Insofar as situations are not covered
by the other provisions of this article and matters concerning title become material the following
rules apply: (1) Title to goods cannot pass under a contract for sale prior to their identification
to the contract (Section 7-2-501), and unless otherwise explicitly agreed the buyer acquires
by their identification a special property as limited by this title. Any retention or reservation
by the seller of the title (property) in goods shipped or delivered to the buyer is limited
in effect to a reservation of a security interest. Subject to these provisions and to the
provisions of the article on secured transactions (Article...
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7-1-201
in size than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same or lesser size; and (B) Language in the body of a record or display in larger
type than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same size, or set off from surrounding text of the same size by symbols or other
marks that call attention to the language. (11) "Consumer" means an individual who
enters into a transaction primarily for personal, family, or household purposes. (12)
"Contract," as distinguished from "agreement," means the total legal obligation
that results from the parties' agreement as determined by this title as supplemented by any
other applicable laws. (13) "Creditor" includes a general creditor, a secured creditor,
a lien creditor, and any representative of creditors, including an assignee for the benefit
of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator
of an...
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7-2-705
Section 7-2-705 Seller's stoppage of delivery in transit or otherwise. (1) The seller may stop
delivery of goods in the possession of a carrier or other bailee when he discovers the buyer
to be insolvent (Section 7-2-702) and may stop delivery of carload, truckload, planeload or
larger shipments of express or freight when the buyer repudiates or fails to make a payment
due before delivery or if for any other reason the seller has a right to withhold or reclaim
the goods. (2) As against such buyer the seller may stop delivery until: (a) Receipt of the
goods by the buyer; or (b) Acknowledgment to the buyer by any bailee of the goods except a
carrier that the bailee holds the goods for the buyer; or (c) Such acknowledgment to the buyer
by a carrier by reshipment or as warehouseman; or (d) Negotiation to the buyer of any negotiable
document of title covering the goods. (3)(a) To stop delivery the seller must so notify as
to enable the bailee by reasonable diligence to prevent delivery of...
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7-2-504
Section 7-2-504 Shipment by seller. Where the seller is required or authorized to send the
goods to the buyer and the contract does not require him to deliver them at a particular destination,
then unless otherwise agreed he must: (a) Put the goods in the possession of such a carrier
and make such a contract for their transportation as may be reasonable having regard to the
nature of the goods and other circumstances of the case; and (b) Obtain and promptly deliver
or tender in due form any document necessary to enable the buyer to obtain possession of the
goods or otherwise required by the agreement or by usage of trade; and (c) Promptly notify
the buyer of the shipment. Failure to notify the buyer under paragraph (c) or to make a proper
contract under paragraph (a) is a ground for rejection only if material delay or loss ensues.
(Acts 1965, No. 549, p. 811.)...
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7-7-504
Section 7-7-504 Rights acquired in absence of due negotiation; effect of diversion; stoppage
of delivery. (a) A transferee of a document of title, whether negotiable or nonnegotiable,
to which the document has been delivered but not duly negotiated, acquires the title and rights
that its transferor had or had actual authority to convey. (b) In the case of a transfer of
a nonnegotiable document of title, until but not after the bailee receives notice of the transfer,
the rights of the transferee may be defeated: (1) By those creditors of the transferor which
could treat the transfer as void under Section 7-2-402 or 7-2A-308; (2) By a buyer from the
transferor in ordinary course of business if the bailee has delivered the goods to the buyer
or received notification of the buyer's rights; (3) By a lessee from the transferor in ordinary
course of business if the bailee has delivered the goods to the lessee or received notification
of the lessee's rights; or (4) As against the bailee, by...
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7-7-403
delay, loss, or destruction of the goods for which the bailee is not liable; (3) Previous sale
or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful
termination of storage; (4) The exercise by a seller of its right to stop delivery pursuant
to Section 7-2-705 or by a lessor of its right to stop delivery pursuant to Section 7-2A-526;
(5) A diversion, reconsignment, or other disposition pursuant to Section 7-7-303; (6) Release,
satisfaction, or any other personal defense against the claimant; or (7) Any other
lawful excuse. (b) A person claiming goods covered by a document of title shall satisfy the
bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering
the goods until the charges are paid. (c) Unless a person claiming the goods is a person against
which the document of title does not confer a right under Section 7-7-503(a): (1) The person
claiming under a document shall surrender possession or control of any...
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7-7-102
Section 7-7-102 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Bailee" means a person that by a warehouse receipt, bill
of lading, or other document of title acknowledges possession of goods and contracts to deliver
them. (2) A "carrier" means a person that issues a bill of lading. (3) "Consignee"
means a person named in a bill of lading to which or to whose order the bill promises delivery.
(4) "Consignor" means a person named in a bill of lading as the person from which
the goods have been received for shipment. (5) "Delivery order" means a record that
contains an order to deliver goods directed to a warehouse, carrier, or other person that
in the ordinary course of business issues warehouse receipts or bills of lading. (6) "Good
faith" means honesty in fact in the conduct or transaction concerned. (7) "Goods"
means all things that are treated as movable for the purposes of a contract for storage or
transportation. (8) "Issuer"...
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5-19-12
at seller's risk. Within 10 days after a home solicitation sale has been cancelled or an offer
to purchase revoked, the seller must tender to the buyer any payments made or goods traded
in by the buyer, or the amount equal to the trade-in allowance stated in the agreement, and
any note or other evidence of debt. Within a reasonable time thereafter the buyer, upon demand,
must tender at the buyer's residence to the seller any goods delivered by the seller. If the
seller fails to demand such possession within 20 days after receipt of the notice, the goods
become the property of the buyer without obligation to pay for them. (c) The provisions of
this section shall not apply if the buyer furnishes the seller with a separate dated and signed
personal statement describing an emergency requiring immediate remedy and modifying
or waiving his right to cancel. The use of printed forms for this purpose is prohibited. (Acts
1971, No. 2052, p. 3290, §8; Acts 1996, No. 96-576, p. 887, §2.)...
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