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7-2-511
Section 7-2-511 Tender of payment by buyer; payment by check. (1) Unless otherwise agreed tender
of payment is a condition to the seller's duty to tender and complete any delivery. (2) Tender
of payment is sufficient when made by any means or in any manner current in the ordinary course
of business unless the seller demands payment in legal tender and gives any extension of time
reasonably necessary to procure it. (3) Subject to the provisions of this title on the effect
of an instrument on an obligation (Section 7-3-310), payment by check is conditional and is
defeated as between the parties by dishonor of the check on due presentment. (Acts 1965, No.
549, p. 811; Acts 1995, No. 95-668, p. 1381, ยง4.)...
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7-2-321
Section 7-2-321 C.I.F. or C. & F.: "Net landed weights"; "payment on arrival";
warranty of condition on arrival. Under a contract containing a term C.I.F. or C. & F.:
(1) Where the price is based on or is to be adjusted according to "net landed weights,"
"delivered weights," "out turn" quantity or quality or the like, unless
otherwise agreed the seller must reasonably estimate the price. The payment due on tender
of the documents called for by the contract is the amount so estimated, but after final adjustment
of the price a settlement must be made with commercial promptness. (2) An agreement described
in subsection (1) or any warranty of quality or condition of the goods on arrival places upon
the seller the risk of ordinary deterioration, shrinkage and the like in transportation but
has no effect on the place or time of identification to the contract for sale or delivery
or on the passing of the risk of loss. (3) Unless otherwise agreed where the contract provides
for payment on or...
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7-2-507
Section 7-2-507 Effect of seller's tender; delivery on condition. (1) Tender of delivery is
a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty
to pay for them. Tender entitles the seller to acceptance of the goods and to payment according
to the contract. (2) Where payment is due and demanded on the delivery to the buyer of goods
or documents of title, his right as against the seller to retain or dispose of them is conditional
upon his making the payment due. (Acts 1965, No. 549, p. 811.)...
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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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13A-9-13.2
Section 13A-9-13.2 Negotiating worthless negotiable instrument - Notice of refusal of payment
upon instrument. For purposes of Section 13A-9-13.1: (1) Notice mailed by certified or registered
mail, evidenced by return receipt, to the address printed on the instrument or given at the
time of issuance shall be deemed sufficient and equivalent to notice having been received
by the person making, drawing, uttering, or delivering the instrument. (2) The form of notice
shall be substantially as follows: "This statutory notice is provided pursuant to Section
13A-9-13.2 of the Alabama Code. You are hereby notified that a check or instrument numbered
_____, apparently issued by you on ___ (date), drawn upon ___ (name of bank), and payable
to ___, has been dishonored. Pursuant to Alabama law, you have 10 days from receipt of this
notice to tender payment of the full amount of the check or instrument plus a service charge
of not more than (fill in appropriate amount provided by...
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11-50-270
Section 11-50-270 Completion of sale pursuant to final determination of commission or court;
effect of failure of seller to tender deed, etc., or of board to accept deed, pay purchase
price, etc. The owner shall have 30 days after a final determination by the Public Service
Commission or the courts to notify the waterworks board of its acceptance of such determination
and shall have a further period of 30 days to tender a good and sufficient deed of conveyance
to the waterworks board of the property required by the order of the commission or the court
to be purchased by placing such deed in escrow with the commission or the court, as the case
may be, and to comply with all other terms and conditions of the order or judgment. The waterworks
board shall have 60 days from the date of the deposit of the deed in escrow to accept or reject
such deed and, if it accepts, the waterworks board shall have a further period of 60 days
to pay to the owner the price determined as provided in this...
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34-14A-7
Section 34-14A-7 Applications for issuance or renewal of license; records; inactive license.
(a) Any residential home builder who desires to receive a new or renewal license under this
chapter shall make and file with the board 30 days prior to the next meeting of the board
a written application on a form prescribed by the board. Each applicant shall be a citizen
of the United States or, if not a citizen of the United States, a person who is legally present
in the United States with appropriate documentation from the federal government. Such application
shall be accompanied by the payment of the annual license fee required by the board. After
the board accepts the application, the applicant may be examined by the board at its next
meeting. The board, in examining the applicant, shall consider the following qualifications
of the applicant: (1) Experience. (2) Ability. (3) Character. (4) Business-related financial
condition. a. The board may require a financial statement on a form...
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7-2-201
Section 7-2-201 Formal requirements; statute of frauds. (1) Except as otherwise provided in
this section a contract for the sale of goods for the price of $500 or more is not enforceable
by way of action or defense unless there is some writing sufficient to indicate that a contract
for sale has been made between the parties and signed by the party against whom enforcement
is sought or by his authorized agent or broker. A writing is not insufficient because it omits
or incorrectly states a term agreed upon, but the contract is not enforceable under this paragraph
beyond the quantity of goods shown in such writing. (2) Between merchants if within a reasonable
time a writing in confirmation of the contract and sufficient against the sender is received
and the party receiving it has reason to know its contents, it satisfies the requirements
of subsection (1) against such party unless written notice of objection to its contents is
given within 10 days after it is received. (3) A contract...
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27-12-13
Section 27-12-13 Life, annuity, and disability insurance - Exceptions to discrimination, rebates,
or special inducements. Nothing in Sections 27-12-11 and 27-12-12 shall be construed as including
within the definition of discrimination, rebates, or special inducements any of the following
practices: (1) In the case of any contract of life insurance or annuity, paying bonuses to
policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated
from nonparticipating insurance, provided, that any such bonuses or abatement of premiums
is fair and equitable to policyholders and for the best interests of the insurer and its policyholders;
(2) In the case of life or disability insurance policies issued on the industrial debit or
weekly premium plan, making allowance to policyholders who have continuously for a specified
period made premium payments directly to an office of the insurer in an amount which fairly
represents the saving in collection expense; (3)...
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45-5-242
Section 45-5-242 Levy of gasoline tax; use of proceeds. (a) The following words, when used
in this section shall have the meaning ascribed to them below, unless the context clearly
indicates a different meaning: (1) "Gasoline" means any type of gasoline, naptha,
or other liquid motor fuel, or any device or substitute therefor, commonly used in internal
combustion engines. (2) "Diesel fuel" means any type diesel oil, tractor fuel, gas
oil, distillate or liquefied gas, jet fuel, or any device or substitute therefor. (3) "Kerosene"
means the product known commercially as "kerosene oil." (b) In addition to all other
taxes and licenses, there is hereby levied upon every distributor, refiner, retail dealer,
or storer of gasoline, kerosene, or diesel fuel in Blount County, Alabama, an excise tax of
one cent ($.01) per gallon upon the selling, distributing, storing, or withdrawing from storage
in Blount County for any use, gasoline, kerosene, or diesel fuel as defined by this section;...
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