7-2-604
Section 7-2-604 Buyer's options as to salvage of rightfully rejected goods. Subject to the
provisions of Section 7-2-603 on perishables if the seller gives no instructions within a
reasonable time after notification of rejection the buyer may store the rejected goods for
the seller's account or reship them to him or resell them for the seller's account with reimbursement
as provided in Section 7-2-603. Such action is not acceptance or conversion. (Acts 1965, No.
549, p. 811.)...
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8-20-9
Section 8-20-9 Transportation damages. (a) Notwithstanding the terms, provisions, or conditions
of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to
new motor vehicles occurring after acceptance of the new motor vehicle from the carrier and
before delivery to the ultimate purchaser. (b) Notwithstanding the terms, provisions, or conditions
of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles
occurring before delivery to a carrier or transporter. If a new motor vehicle dealer determines
the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle
to the carrier. In every other instance, the risk of loss remains with the manufacturer until
such time as the new motor vehicle dealer or his designee accepts the vehicle from the carrier.
(c) With respect to new or used vehicles sold or otherwise transferred by the manufacturer
to a new motor vehicle dealer, the manufacturer shall...
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7-2-703
Section 7-2-703 Seller's remedies in general. Where the buyer wrongfully rejects or revokes
acceptance of goods or fails to make a payment due on or before delivery or repudiates with
respect to a part or the whole, then with respect to any goods directly affected and, if the
breach is of the whole contract (Section 7-2-612), then also with respect to the whole undelivered
balance, the aggrieved seller may: (a) Withhold delivery of such goods; (b) Stop delivery
by any bailee as hereafter provided (Section 7-2-705); (c) Proceed under Section 7-2-704 respecting
goods still unidentified to the contract; (d) Resell and recover damages as hereafter provided
(Section 7-2-706); (e) Recover damages for nonacceptance (Section 7-2-708) or in a proper
case the price (Section 7-2-709); (f) Cancel. (Acts 1965, No. 549, p. 811.)...
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7-2A-512
Section 7-2A-512 Lessee's duties as to rightfully rejected goods. (1) Except as otherwise provided
with respect to goods that threaten to decline in value speedily (Section 7-2A-511) and subject
to any security interest of a lessee (Section 7-2A-508(5)): (a) the lessee, after rejection
of goods in the lessee's possession, shall hold them with reasonable care at the lessor's
or the supplier's disposition for a reasonable time after the lessee's seasonable notification
of rejection; (b) if the lessor or the supplier gives no instructions within a reasonable
time after notification of rejection, the lessee may store the rejected goods for the lessor's
or the supplier's account or ship them to the lessor or the supplier or dispose of them for
the lessor's or the supplier's account with reimbursement in the manner provided in Section
7-2A-511; but (c) the lessee has no further obligations with regard to goods rightfully rejected.
(2) Action by the lessee pursuant to subsection (1) is not...
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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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7-9A-313
Section 7-9A-313 When possession by or delivery to secured party perfects security interest
without filing. (a) Perfection by possession or delivery. Except as otherwise provided in
subsection (b), a secured party may perfect a security interest in tangible negotiable documents,
goods, instruments, money, or tangible chattel paper by taking possession of the collateral.
A secured party may perfect a security interest in certificated securities by taking delivery
of the certificated securities under Section 7-8-301. (b) Goods covered by certificate of
title. With respect to goods covered by a certificate of title issued by this State, a secured
party may perfect a security interest in the goods by taking possession of the goods only
in the circumstances described in Section 7-9A-316(d). (c) Collateral in possession of person
other than debtor. With respect to collateral other than certificated securities and goods
covered by a document, a secured party takes possession of collateral in...
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37-2-62
Section 37-2-62 Action for damages. (a) If the value of such goods, property or chattels so
lost, destroyed or not delivered, or the amount of damages or injury, where injured, shall
not be paid or tendered to such person entitled thereto so presenting such verified claim
therefor within the time prescribed in subsection (b) of Section 37-2-61, such person may,
on bringing an action therefor and on making proof of such shipment and loss, or destruction,
failure to deliver or injury to such goods, chattels or property, and the due presentation
of such verified claim, or demand for the value of, or damage to such goods, property or chattels,
and that such claim was not for more than such value or injury, and the failure of such transportation
company to pay for the same within 60 days from the making of such demand, recover from the
said transportation company fourfold damages, suffered by reason of such loss, destruction
or injury, unless such loss, destruction or injury is the result...
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40-7-13
Section 40-7-13 Assessment of property in possession of commission merchants and assignees
and consignees authorized to sell. Commission merchants and all persons trading and dealing
on commission, assignees and consignees authorized to sell and persons having in their possession
goods, wares, or merchandise belonging to another and subject to taxation in any county, city,
or town of Alabama, where said property is located, when the owner of the property does not
reside in the county, are deemed to be owners of the property in their possession for the
purpose of assessment, and unless such goods, wares, or merchandise have been otherwise listed
for taxation, the same shall be listed separately from any other goods, wares, or merchandise
owned by such person, firm, or corporation for taxation, and the name of the assignor or consignor
shall be listed on the return, the same shall be assessed for taxation to the person, firm,
or corporation who has such goods, wares, or merchandise in...
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7-2-602
Section 7-2-602 Manner and effect of rightful rejection. (1) Rejection of goods must be within
a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably
notifies the seller. (2) Subject to the provisions of Sections 7-2-603 and 7-2-604 on rejected
goods: (a) After rejection any exercise of ownership by the buyer with respect to any commercial
unit is wrongful as against the seller; and (b) If the buyer has before rejection taken physical
possession of goods in which he does not have a security interest under the provisions of
this article (subsection (3) of Section 7-2-711), he is under a duty after rejection to hold
them with reasonable care at the seller's disposition for a time sufficient to permit the
seller to remove them; but (c) The buyer has no further obligations with regard to goods rightfully
rejected. (3) The seller's rights with respect to goods wrongfully rejected are governed by
the provisions of this article on seller's remedies in...
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7-2-607
Section 7-2-607 Effect of acceptance; notice of breach; burden of establishing breach after
acceptance; notice of claim or litigation to person answerable over. (1) The buyer must pay
at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes
rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked
because of it unless the acceptance was on the reasonable assumption that the nonconformity
would be seasonably cured, but acceptance does not of itself impair any other remedy provided
by this article for nonconformity. (3) Where a tender has been accepted: (a) The buyer must
within a reasonable time after he discovers or should have discovered any breach notify the
seller of breach or be barred from any remedy; and (b) If the claim is one for infringement
or the like (subsection (3) of Section 7-2-312) and the buyer is sued as a result of such
a breach, he must so notify the seller within a reasonable time after he...
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