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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7-2-503
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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7-2A-219
Section 7-2A-219 Risk of loss. (1) Except in the case of a finance lease, risk of loss
is retained by the lessor and does not pass to the lessee. In the case of a finance lease,
risk of loss passes to the lessee. (2) Subject to the provisions of this article on the effect
of default on risk of loss (Section 7-2A-220), if risk of loss is to pass to the lessee
and the time of passage is not stated, the following rules apply: (a) If the lease contract
requires or authorizes the goods to be shipped by carrier (i) and it does not require delivery
at a particular destination, the risk of loss passes to the lessee when the goods are duly
delivered to the carrier; but (ii) if it does require delivery 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 lessee when the goods are there duly so tendered as to enable the lessee
to take delivery. (b) If the goods are held by a bailee to be delivered without being...
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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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7-2A-529
Section 7-2A-529 Lessor's action for the rent. (1) After default by the lessee under
the lease contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or,
if agreed, after other default by the lessee, if the lessor complies with subsection (2),
the lessor may recover from the lessee as damages: (a) for goods accepted by the lessee and
not repossessed by or tendered to the lessor, and for conforming goods lost or damaged within
a commercially reasonable time after risk of loss passes to the lessee (Section 7-2A-219),
(i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii)
the present value as of the same date of the rent for the then remaining lease term of the
lease agreement, and (iii) any incidental damages allowed under Section 7-2A-530, less
expenses saved in consequence of the lessee's default; and (b) for goods identified to the
lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable...

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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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7-2-320
Section 7-2-320 C.I.F. and C. & F. terms. (1) The term C.I.F. means that the price
includes in a lump sum the cost of the goods and the insurance and freight to the named destination.
The term C. & F. or C.F. means that the price so includes cost and freight to the named
destination. (2) Unless otherwise agreed and even though used only in connection with the
stated price and destination, the term C.I.F. destination or its equivalent requires the seller
at his own expense and risk to: (a) Put the goods into the possession of a carrier at the
port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation
to the named destination; and (b) Load the goods and obtain a receipt from the carrier (which
may be contained in the bill of lading) showing that the freight has been paid or provided
for; and (c) Obtain a policy or certificate of insurance, including any war risk insurance,
of a kind and on terms then current at the port of shipment in the usual...
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7-9A-207
Section 7-9A-207 Rights and duties of secured party having possession or control of
collateral. (a) Duty of care when secured party in possession. Except as otherwise provided
in subsection (d), a secured party shall use reasonable care in the custody and preservation
of collateral in the secured party's possession. In the case of chattel paper or an instrument,
reasonable care includes taking necessary steps to preserve rights against prior parties unless
otherwise agreed. (b) Expenses, risks, duties, and rights when secured party in possession.
Except as otherwise provided in subsection (d), if a secured party has possession of collateral:
(1) reasonable expenses, including the cost of insurance and payment of taxes or other charges,
incurred in the custody, preservation, use, or operation of the collateral are chargeable
to the debtor and are secured by the collateral; (2) the risk of accidental loss or damage
is on the debtor to the extent of a deficiency in any effective insurance...
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40-12-172
Section 40-12-172 Transient dealers. Each person doing business as a transient dealer
as defined in this section and who does not pay the privilege license under Section
40-12-73 or the license permit under Section 40-25-19 shall pay an annual license tax
to the state of $30. The payment of one state license shall authorize such transient dealer
to engage in such business in any county in the state upon the payment of a county license
of $5 in each such county. When used in this section, the words "transient dealer"
shall be held to include any person or persons who shall be embraced in any of the following
classifications: All persons acting for themselves or as an agent, employee, salesman or in
any capacity for another, whether as owner, bailee or other custodian of goods, wares, and
merchandise and going from person to person, dealer to dealer, house to house or place to
place and selling or offering to sell, exchanging or offering to exchange, for resale by a
retailer, any goods,...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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