Code of Alabama

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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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2-15-43
Section 2-15-43 Dealers to obtain, etc., bills of sale upon purchase of livestock as defined
in Section 2-15-20; dealers transporting livestock for hire upon public roads or highways
to issue waybills or bills of lading; transporting of livestock without bill of sale, etc.;
dealer, etc., to exhibit bill of sale, etc., upon demand by sheriff, etc. All such dealers
shall be required to obtain from the owner or seller, on purchase of any livestock as defined
in Section 2-15-20, a bill of sale therefor, upon such forms as may be prescribed by the Commissioner
of Agriculture and Industries and shall, on purchase, leave with such owner or seller a copy
or duplicate of such bill of sale. Dealers engaged in the business of transporting or hauling
for hire livestock as defined in Section 2-15-20 along any public road or highway shall issue
a waybill or bill of lading for all livestock hauled or transported by them containing such
information as may be required by rules and regulations approved...
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37-2-25
Section 37-2-25 Bills of lading or receipts - Unauthorized sale or transfer of property prohibited.
A transportation company or other person engaged in the business of carriage or of keeping
for shipment, or of forwarding things or property, must not, otherwise than is authorized
by law or by the contract of delivery to him, make sale of things or property entrusted to
him; nor, without the assent in writing of the person to whom he may have given a receipt
or bill of lading, or of the legal holder of such receipt or bill of lading, encumber or transfer
the same; nor must he, otherwise than as may be authorized by the contract of delivery to
him, part with the control or possession of such things or property without the assent in
writing of the person to whom he may have given a receipt or bill of lading, or of the legal
holder of such receipt or bill of lading. (Code 1886, §1177; Code 1896, §4221; Code 1907,
§6134; Code 1923, §10494; Code 1940, T. 48, §136.)...
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7-2-603
Section 7-2-603 Merchant buyer's duties as to rightfully rejected goods. (1) Subject to any
security interest in the buyer (subsection (3) of Section 7-2-711), when the seller has no
agent or place of business at the market of rejection a merchant buyer is under a duty after
rejection of goods in his possession or control to follow any reasonable instructions received
from the seller with respect to the goods and in the absence of such instructions to make
reasonable efforts to sell them for the seller's account if they are perishable or threaten
to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses
is not forthcoming. (2) When the buyer sells goods under subsection (1), he is entitled to
reimbursement from the seller or out of the proceeds for reasonable expenses of caring for
and selling them, and if the expenses include no selling commission then to such commission
as is usual in the trade or if there is none to a reasonable sum not...
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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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7-2A-303
Section 7-2A-303 Alienability of interests, transfer of rights, etc. (1) As used in this section,
"creation of a security interest" includes the sale of a lease contract that is
subject to Article 9A, Secured Transactions, by reason of Section 7-9A-109(a)(3). (2) Except
as provided in subsection (3) and Section 7-9A-407, a provision in a lease agreement which
(i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease,
creation, or enforcement of a security interest, or attachment, levy, or other judicial process,
of an interest of a party under the lease contract or of the lessor's residual interest in
the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and
remedies provided in subsection (4), but a transfer that is prohibited or is an event of default
under the lease agreement is otherwise effective. (3) A provision in a lease agreement which
(i) prohibits a transfer of a right to damages for default with respect to...
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7-4-504
Section 7-4-504 Privilege of presenting bank to deal with goods; security interest for expenses.
(a) A presenting bank that, following the dishonor of a documentary draft, has seasonably
requested instructions but does not receive them within a reasonable time may store, sell,
or otherwise deal with the goods in any reasonable manner. (b) For its reasonable expenses
incurred by action under subsection (a), the presenting bank has a lien upon the goods or
their proceeds, which may be foreclosed in the same manner as an unpaid seller's lien. (Acts
1965, No. 549, p. 811; repealed by Acts 1995, No. 95-668, p. 1381, §2; added by Acts 1995,
No. 95-668, p. 1381, §2.)...
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7-9A-407
Section 7-9A-407 Restrictions on creation or enforcement of security interest in leasehold
interest or in lessor's residual interest. (a) Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (b), a term in a lease agreement is ineffective
to the extent that it: (1) prohibits, restricts, or requires the consent of a party to the
lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement
of a security interest in, an interest of a party under the lease contract or in the lessor's
residual interest in the goods; or (2) provides that the assignment or transfer or the creation,
attachment, perfection, or enforcement of the security interest may give rise to a default,
breach, right of recoupment, claim, defense, termination, right of termination, or remedy
under the lease. (b) Effectiveness of certain terms. Except as otherwise provided in Section
7-2A-303(7), a term described in subsection (a)(2) is effective to...
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7-2-107
Section 7-2-107 Goods to be severed from realty; recording. (1) A contract for the sale of
minerals or the like (including oil and gas) or a structure or its materials to be removed
from realty is a contract for the sale of goods within this article if they are to be severed
by the seller, but until severance a purported present sale thereof which is not effective
as a transfer of an interest in land is effective only as a contract to sell. (2) A contract
for the sale apart from the land of growing crops or other things attached to realty and capable
of severance without material harm thereto but not described in subsection (1) is a contract
for the sale of goods within this article whether the subject matter is to be severed by the
buyer or by the seller even though it forms part of the realty at the time of contracting,
and the parties can by identification effect a present sale before severance. (3) The provisions
of this section are subject to any third-party rights provided by the...
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5-19-13
Section 5-19-13 Repossession or acceptance of surrender of goods priced at one thousand dollars
or less. If any seller or assignee of the seller repossesses or voluntarily accepts surrender
of goods sold in which the seller or assignee has a security interest and the original cash
price of the goods repossessed or surrendered was one thousand dollars ($&dollar;1,000)
or less, the buyer is not personally liable to the seller or assignee for the unpaid balance
of the debt arising from the sale and the seller or assignee is not obligated to sell the
collateral. (Acts 1971, No. 2052, p. 3290, §9; Acts 1996, No. 96-576, p. 887, §2.)...
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