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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7-2-401
Section 7-2-401 Passing of title; reservation for security; limited application of this section.
Each provision of this article with regard to the rights, obligations and remedies of the
seller, the buyer, purchasers or other third parties applies irrespective of title to the
goods except where the provision refers to such title. Insofar as situations are not covered
by the other provisions of this article and matters concerning title become material the following
rules apply: (1) Title to goods cannot pass under a contract for sale prior to their identification
to the contract (Section 7-2-501), and unless otherwise explicitly agreed the buyer acquires
by their identification a special property as limited by this title. Any retention or reservation
by the seller of the title (property) in goods shipped or delivered to the buyer is limited
in effect to a reservation of a security interest. Subject to these provisions and to the
provisions of the article on secured transactions (Article...
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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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7-2-323
Section 7-2-323 Form of bill of lading required in overseas shipment; "overseas."
(1) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. &
F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading
stating that the goods have been loaded on board or, in the case of a term C.I.F. or C. &
F., received for shipment. (2) Where in a case within subsection (1) a tangible bill of lading
has been issued in a set of parts, unless otherwise agreed if the documents are not to be
sent from abroad the buyer may demand tender of the full set; otherwise only one part of the
bill of lading need be tendered. Even if the agreement expressly requires a full set: (a)
Due tender of a single part is acceptable within the provisions of this article on cure of
improper delivery (subsection (1) of Section 7-2-508); and (b) Even though the full set is
demanded, if the documents are sent from abroad the person tendering an incomplete set may...

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7-2-311
Section 7-2-311 Options and cooperation respecting performance. (1) An agreement for sale which
is otherwise sufficiently definite (subsection (3) of Section 7-2-204) to be a contract is
not made invalid by the fact that it leaves particulars of performance to be specified by
one of the parties. Any such specification must be made in good faith and within limits set
by commercial reasonableness. (2) Unless otherwise agreed specifications relating to assortment
of the goods are at the buyer's option and, except as otherwise provided in subsections (1)(c)
and (3) of Section 7-2-319, specifications or arrangements relating to shipment are at the
seller's option. (3) Where such specification would materially affect the other party's performance
but is not seasonably made or where one party's cooperation is necessary to the agreed performance
of the other but is not seasonably forthcoming, the other party in addition to all other remedies:
(a) Is excused for any resulting delay in his own...
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7-9A-323
Section 7-9A-323 Future advances. (a) When priority based on time of advance. Except as otherwise
provided in subsection (c), for purposes of determining the priority of a perfected security
interest under Section 7-9A-322(a)(1), perfection of the security interest dates from the
time an advance is made to the extent that the security interest secures an advance that:
(1) is made while the security interest is perfected only: (A) under Section 7-9A-309 when
it attaches; or (B) temporarily under Section 7-9A-312(e), (f), or (g); and (2) is not made
pursuant to a commitment entered into before or while the security interest is perfected by
a method other than under Section 7-9A-309 or 7-9A-312(e), (f), or (g). (b) Lien creditor.
Except as otherwise provided in subsection (c), a security interest is subordinate to the
rights of a person that becomes a lien creditor to the extent that the security interest secures
an advance made more than 45 days after the person becomes a lien creditor...
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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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7-2A-527
Section 7-2A-527 Lessor's rights to dispose of goods. (1) After a default by a lessee under
the lease contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or after
the lessor refuses to deliver or takes possession of goods (Section 7-2A-525 or 7-2A-526),
or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned
or the undelivered balance thereof by lease, sale, or otherwise. (2) Except as otherwise provided
with respect to damages liquidated in the lease agreement (Section 7-2A-504) or otherwise
determined pursuant to agreement of the parties (Sections 7-1-302 and 7-2A-503), if the disposition
is by lease agreement substantially similar to the original lease agreement and the new lease
agreement is made in good faith and in a commercially reasonable manner, the lessor may recover
from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement
of the term of the new lease agreement, (ii) the present value,...
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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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