Code of Alabama

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11-51-90
Section 11-51-90 Municipal business licenses; branch offices; application. (a) All municipalities
shall have the following powers: (1) To license any exhibition, trade, business, vocation,
occupation, or profession not prohibited by the Constitution or laws of the state which may
be engaged in or carried on in the municipality. (2) To fix the amount of licenses, the time
for which they are to run, not exceeding one license year, to provide a penalty for doing
business without a license, and to charge a fee not exceeding ten dollars ($10) for issuing
each license. The issuance fee shall be increased every five license years by the Department
of Revenue by an amount equal to the percentage increase, if any, in the U.S. Department of
Labor's Producer Price Index during that five-year period, rounded to the nearest dollar,
with the base year being 2006. The Department of Revenue shall notify all municipalities and
the Alabama League of Municipalities of any such fee increase no later than...
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40-23-1
F.O.B. point and regardless of who selects the method of transportation, and regardless of
by whom or the method by which freight, postage, or other transportation charge is paid. Provided
further that, where billed as a separate item to and paid by the purchaser, the freight, postage,
or other transportation charge paid to a common carrier or the U.S. Postal Service is not
a part of the selling price. (6) GROSS PROCEEDS OF SALES. The value proceeding or accruing
from the sale of tangible personal property, and including the proceeds from the sale
of any property handled on consignment by the taxpayer, including merchandise of any kind
and character without any deduction on account of the cost of the property sold, the cost
of the materials used, labor or service cost, interest paid, any consumer excise taxes that
may be included within the sales price of the property sold, or any other expenses whatsoever,
and without any deductions on account of losses; provided, that cash...
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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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7-2-712
Section 7-2-712 "Cover"; buyer's procurement of substitute goods. (1) After a breach
within Section 7-2-711, the buyer may "cover" by making in good faith and without
unreasonable delay any reasonable purchase of or contract to purchase goods in substitution
for those due from the seller. (2) The buyer may recover from the seller as damages the difference
between the cost of cover and the contract price together with any incidental or consequential
damages as hereinafter defined (Section 7-2-715), but less expenses saved in consequence of
the seller's breach. (3) Failure of the buyer to effect cover within this section does not
bar him from any other remedy. (Acts 1965, No. 549, p. 811.)...
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7-2-502
Section 7-2-502 Buyer's right to goods. (1) Subject to subsections (2) and (3) and even though
the goods have not been shipped a buyer who has paid a part or all of the price of goods in
which he has a special property under the provisions of Section 7-2-501 may on making and
keeping good a tender of any unpaid portion of their price recover them from the seller if:
(a) in the case of goods bought for personal, family, or household purposes, the seller
repudiates or fails to deliver as required by the contract; or (b) in all cases, the seller
becomes insolvent within 10 days after receipt of the first installment on their price. (2)
The buyer's right to recover the goods under subsection (1)(a) vests upon acquisition of a
special property, even if the seller had not then repudiated or failed to deliver. (3) If
the identification creating his special property has been made by the buyer he acquires the
right to recover the goods only if they conform to the contract for sale. (Acts 1965,...
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7-2-312
Section 7-2-312 Warranty of title and against infringement; buyer's obligation against infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and (b) The goods shall be
delivered free from any security interest or other lien or encumbrance of which the buyer
at the time of contracting has no knowledge. (2) A warranty under subsection (1) will be excluded
or modified only by specific language or by circumstances which give the buyer reason to know
that the person selling does not claim title in himself or that he is purporting to sell only
such right or title as he or a third person may have. (3) Unless otherwise agreed a seller
who is a merchant regularly dealing in goods of the kind warrants that the goods shall be
delivered free of the rightful claim of any third person by way of infringement or the like,
but a buyer who furnishes specifications to the seller must hold...
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7-2-702
Section 7-2-702 Seller's remedies on discovery of buyer's insolvency. (1) Where the seller
discovers the buyer to be insolvent he may refuse delivery except for cash, including payment
for all goods theretofore delivered under the contract, and stop delivery under this article
(Section 7-2-705). (2) Where the seller discovers that the buyer has received goods on credit
while insolvent he may reclaim the goods upon demand made within 10 days after the receipt,
but if misrepresentation of solvency has been made to the particular seller in writing within
three months before delivery the 10-day limitation does not apply. Except as provided in this
subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent
misrepresentation of solvency or of intent to pay. (3) The seller's right to reclaim under
subsection (2) is subject to the rights of a buyer in ordinary course or other good faith
purchaser or lien creditor under this article (Section 7-2-403)....
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5-19-9
Section 5-19-9 Application of payments when buyer indebted to same seller for two or more consumer
credit sales. When the buyer is indebted to a particular seller for two or more consumer credit
sales of goods and the goods which were the subject of two or more sales secure the buyer's
total debt to the seller, the security shall be discharged by applying the buyer's payments
as they are received by the seller or the seller's assignee to the portions of the debt in
the order in which they were incurred. To the extent that debts are paid according to the
preceding sentence, security interests in items of property terminate as the debt originally
incurred with respect to each item is paid. Payments received by the seller upon a revolving
charge account are deemed, for the purpose of determining the amount of the debt secured by
the various security interests, to have been applied first to the payment of finance charges
in the order of their entry to the account and then to the payment of...
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7-2-714
in regard to accepted goods. (1) Where the buyer has accepted goods and given notification
(subsection (3) of Section 7-2-607) he may recover as damages for any nonconformity of tender
the loss resulting in the ordinary course of events from the seller's breach as determined
in any manner which is reasonable. (2) The measure of damages for breach of warranty is the
difference at the time and place of acceptance between the value of the goods accepted and
the value they would have had if they had been as warranted, unless special circumstances
show proximate damages of a different amount, and nothing in this section shall be construed
so as to limit the seller's liability for damages for injury to the person in the case
of consumer goods. Damages in an action for injury to the person include those damages
ordinarily allowable in such actions at law. (3) In a proper case any incidental and consequential
damages under Section 7-2-715 may also be recovered. (Acts 1965, No. 549, p. 811.)...
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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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