7-2-605
Section 7-2-605 Waiver of buyer's objections by failure to particularize. (1) The buyer's failure
to state in connection with rejection a particular defect which is ascertainable by reasonable
inspection precludes him from relying on the unstated defect to justify rejection or to establish
breach: (a) Where the seller could have cured it if stated seasonably; or (b) Between merchants
when the seller has after rejection made a request in writing for a full and final written
statement of all defects on which the buyer proposes to rely. (2) Payment against documents
made without reservation of rights precludes recovery of the payment for defects apparent
in the documents. (Acts 1965, No. 549, p. 811; Act 2004-315, p. 464, §2.)...
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7-2-103
Section 7-2-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer" means a person who buys or contracts to buy goods.
(b) "Good faith" in the case of a merchant means honesty in fact and the observance
of reasonable commercial standards of fair dealing in the trade. (c) "Receipt" of
goods means taking physical possession of them. (d) "Seller" means a person who
sells or contracts to sell goods. (2) Other definitions applying to this article or to specified
parts thereof and the sections in which they appear are: "Acceptance." Section 7-2-606.
"Banker's credit." Section 7-2-325. "Between merchants." Section 7-2-104.
"Cancellation." Section 7-2-106 (4). "Commercial unit." Section 7-2-105.
"Confirmed credit." Section 7-2-325. "Conforming to contract." Section
7-2-106. "Contract for sale." Section 7-2-106. "Cover." Section 7-2-712.
"Entrusting." Section 7-2-403. "Financing agency." Section 7-2-104. "Future
goods." Section 7-2-105....
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7-2-508
Section 7-2-508 Cure by seller of improper tender or delivery; replacement. (1) Where any tender
or delivery by the seller is rejected because nonconforming and the time for performance has
not yet expired, the seller may seasonably notify the buyer of his intention to cure and may
then within the contract time make a conforming delivery. (2) Where the buyer rejects a nonconforming
tender which the seller had reasonable grounds to believe would be acceptable with or without
money allowance, the seller may if he seasonably notifies the buyer have a further reasonable
time to substitute a conforming tender. (Acts 1965, No. 549, p. 811.)...
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7-2-710
Section 7-2-710 Seller's incidental damages. Incidental damages to an aggrieved seller include
any commercially reasonable charges, expenses or commissions incurred in stopping delivery,
in the transportation, care and custody of goods after the buyer's breach, in connection with
return or resale of the goods or otherwise resulting from the breach. (Acts 1965, No. 549,
p. 811.)...
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7-2A-516
Section 7-2A-516 Effect of acceptance of goods; notice of default; burden of establishing default
after acceptance; notice of claim or litigation to person answerable over. (1) A lessee must
pay rent for any goods accepted in accordance with the lease contract, with due allowance
for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes
rejection of the goods accepted. In the case of a finance lease, other than a consumer lease
in which the supplier assisted in the preparation of the lease contract or participated in
negotiating the terms of the lease contract with the lessor, if made with knowledge of a nonconformity,
acceptance cannot be revoked because of it. In any other case, if made with knowledge of a
nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the
reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not
of itself impair any other remedy provided by this article or...
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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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5-19-14
Section 5-19-14 Rebates or discounts, etc., as inducement for aiding sale to another prohibited.
With respect to a consumer credit sale, the seller may not give or offer to give a rebate
or discount, or otherwise pay or offer to pay value to the buyer, as an inducement for a sale
in consideration of the buyer giving to the seller the names of prospective purchasers, or
otherwise aiding the seller in making a sale to another person, if the earning of the rebate,
discount, or other value is contingent upon the occurrence of an event subsequent to the time
the buyer agrees to buy. If a buyer is induced by a violation of this section to enter into
a consumer credit sale, the agreement is unenforceable by the seller and the buyer, at the
buyer's option, may rescind the agreement or retain the goods delivered and the benefit of
any services performed without any obligation to pay for them. (Acts 1971, No. 2052, p. 3290,
§10; Acts 1996, No. 96-576, p. 887, §2.)...
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7-2-716
Section 7-2-716 Buyer's right to specific performance or replevin. (1) Specific performance
may be decreed where the goods are unique or in other proper circumstances. (2) The decree
for specific performance may include such terms and conditions as to payment of the price,
damages, or other relief as the court may deem just. (3) The buyer has a right of replevin
for goods identified to the contract if after reasonable effort he is unable to effect cover
for such goods or the circumstances reasonably indicate that such effort will be unavailing
or if the goods have been shipped under reservation and satisfaction of the security interest
in them has been made or tendered. In the case of goods bought for personal, family, or household
purposes, the buyer's right of replevin vests upon acquisition of a special property, even
if the seller had not then repudiated or failed to deliver. (Acts 1965, No. 549, p. 811; Act
2001-481, p. 647, §2.)...
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7-2A-515
Section 7-2A-515 Acceptance of goods. (1) Acceptance of goods occurs after the lessee has had
a reasonable opportunity to inspect the goods and (a) the lessee signifies or acts with respect
to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming
or that the lessee will take or retain them in spite of their nonconformity; or (b) the lessee
fails to make an effective rejection of the goods (Section 7-2A-509(2)). (2) Acceptance of
a part of any commercial unit is acceptance of that entire unit. (Acts 1992, 2nd Ex. Sess.,
No. 92-700, p. 92, §515.)...
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7-2-104
Section 7-2-104 Definitions: "Merchant"; "between merchants"; "financing
agency." (1) "Merchant" means a person who deals in goods of the kind or otherwise
by his occupation holds himself out as having knowledge or skill peculiar to the practices
or goods involved in the transaction or to whom such knowledge or skill may be attributed
by his employment of an agent or broker or other intermediary who by his occupation holds
himself out as having such knowledge or skill. (2) "Financing agency" means a bank,
finance company or other person who in the ordinary course of business makes advances against
goods or documents of title or who by arrangement with either the seller or the buyer intervenes
in ordinary course to make or collect payment due or claimed under the contract for sale,
as by purchasing or paying the seller's draft or making advances against it or by merely taking
it for collection whether or not documents of title accompany or are associated with the draft.
"Financing...
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