7-2-319
Section 7-2-319 F.O.B. and F.A.S. terms. (1) Unless otherwise agreed the term F.O.B. (which
means "free on board") at a named place, even though used only in connection with
the stated price, is a delivery term under which: (a) When the term is F.O.B. the place of
shipment, the seller must at that place ship the goods in the manner provided in this article
(Section 7-2-504) and bear the expense and risk of putting them into the possession of the
carrier; or (b) When the term is F.O.B. the place of destination, the seller must at his own
expense and risk transport the goods to that place and there tender delivery of them in the
manner provided in this article (Section 7-2-503); (c) When under either (a) or (b) the term
is also F.O.B. vessel, car or other vehicle, the seller must in addition at his own expense
and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel
and in an appropriate case the seller must comply with the provisions of this article...
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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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7-7-503
Section 7-7-503 Document of title to goods defeated in certain cases. (a) A document of title
confers no right in goods against a person that before issuance of the document had a legal
interest or a perfected security interest in the goods and that did not: (1) Deliver or entrust
the goods or any document of title covering the goods to the bailor or the bailor's nominee
with: (A) Actual or apparent authority to ship, store, or sell; (B) Power to obtain delivery
under Section 7-7-403; or (C) Power of disposition under Section 7-2-403, 7-2A-304(2), 7-2A-305(2),
7-9A-320, or 7-9A-321(c) or other statute or rule of law; or (2) Acquiesce in the procurement
by the bailor or its nominee of any document. (b) Title to goods based upon an unaccepted
delivery order is subject to the rights of any person to which a negotiable warehouse receipt
or bill of lading covering the goods has been duly negotiated. That title may be defeated
under Section 7-7-504 to the same extent as the rights of the...
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7-7-301
Section 7-7-301 Liability for nonreceipt or misdescription; "said to contain"; "shipper's
weight, load, and count"; improper handling. (a) A consignee of a nonnegotiable bill
of lading which has given value in good faith, or a holder to which a negotiable bill has
been duly negotiated, relying upon the description of the goods in the bill or upon the date
shown in the bill, may recover from the issuer damages caused by the misdating of the bill
or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates
that the issuer does not know whether any part or all of the goods in fact were received or
conform to the description, such as in a case in which the description is in terms of marks
or labels or kind, quantity, or condition or the receipt or description is qualified by "contents
or condition of contents of packages unknown," "said to contain," "shipper's
weight, load, and count," or words of similar import, if that indication is true. (b)
If goods...
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7-9A-320
Section 7-9A-320 Buyer of goods; Alabama Farmers Credit Protection Fund. (a) Buyer in ordinary
course of business. Except as otherwise provided in subsection (e), a buyer in ordinary course
of business, other than a person buying farm products from a person engaged in farming operations,
takes free of a security interest created by the buyer's seller, even if the security interest
is perfected and the buyer knows of its existence. (b) Buyer of consumer goods. Except as
otherwise provided in subsection (e), a buyer of goods from a person who used or bought the
goods for use primarily for personal, family, or household purposes takes free of a security
interest, even if perfected, if the buyer buys: (1) without knowledge of the security interest;
(2) for value; (3) primarily for the buyer's personal, family, or household purposes; and
(4) before the filing of a financing statement covering the goods. (c) Effectiveness of filing
for subsection (b). To the extent that it affects the...
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7-2-501
Section 7-2-501 Insurable interest in goods; manner of identification of goods. (1) The buyer
obtains a special property and an insurable interest in goods by identification of existing
goods as goods to which the contract refers even though the goods so identified are nonconforming
and he has an option to return or reject them. Such identification can be made at any time
and in any manner explicitly agreed to by the parties. In the absence of explicit agreement
"identification" occurs: (a) When the contract is made if it is for the sale of
goods already existing and identified; (b) If the contract is for the sale of future goods
other than those described in paragraph (c), when goods are shipped, marked or otherwise designated
by the seller as goods to which the contract refers; (c) When the crops are planted or otherwise
become growing crops or the young are conceived if the contract is for the sale of unborn
young to be born within 12 months after contracting or for the sale of...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer in ordinary course of business" means a person who
in good faith and without knowledge that the sale to him or her is in violation of the ownership
rights or security interest or leasehold interest of a third party in the goods, buys in ordinary
course from a person in the business of selling goods of that kind but does not include a
pawnbroker. "Buying" may be for cash or by exchange of other property or on secured
or unsecured credit and includes receiving goods or documents of title under a pre-existing
contract for sale but does not include a transfer in bulk or as security for or in total or
partial satisfaction of a money debt. (b) "Cancellation" occurs when either party
puts an end to the lease contract for default by the other party. (c) "Commercial unit"
means such a unit of goods as by commercial usage is a single whole for purposes of lease
and...
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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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7-2-706
Section 7-2-706 Seller's resale including contract for resale. (1) Under the conditions stated
in Section 7-2-703 on seller's remedies, the seller may resell the goods concerned or the
undelivered balance thereof. Where the resale is made in good faith and in a commercially
reasonable manner the seller may recover the difference between the resale price and the contract
price together with any incidental damages allowed under the provisions of this article (Section
7-2-710), but less expenses saved in consequence of the buyer's breach. (2) Except as otherwise
provided in subsection (3) or unless otherwise agreed resale may be at public or private sale
including sale by way of one or more contracts to sell or of identification to an existing
contract of the seller. Sale may be as a unit or in parcels and at any time and place and
on any terms, but every aspect of the sale, including the method, manner, time, place and
terms, must be commercially reasonable. The resale must be reasonably...
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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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