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7-2-305
Section 7-2-305 Open price term. (1) The parties if they so intend can conclude a contract
for sale even though the price is not settled. In such a case the price is a reasonable price
at the time for delivery if: (a) Nothing is said as to price; or (b) The price is left to
be agreed by the parties and they fail to agree; or (c) The price is to be fixed in terms
of some agreed market or other standard as set or recorded by a third person or agency and
it is not so set or recorded. (2) A price to be fixed by the seller or by the buyer means
a price for him to fix in good faith. (3) When a price left to be fixed otherwise than by
agreement of the parties fails to be fixed through fault of one party, the other may at his
option treat the contract as cancelled or himself fix a reasonable price. (4) Where, however,
the parties intend not to be bound unless the price be fixed or agreed and it is not fixed
or agreed there is no contract. In such a case the buyer must return any goods already...
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7-2A-308
Section 7-2A-308 Special rights of creditors. (1) A creditor of a lessor in possession of goods
subject to a lease contract may treat the lease contract as void if as against the creditor
retention of possession by the lessor is fraudulent under any statute or rule of law, but
retention of possession in good faith and current course of trade by the lessor for a commercially
reasonable time after the lease contract becomes enforceable is not fraudulent. (2) Nothing
in this article impairs the rights of creditors of a lessor if the lease contract is made
under circumstances which under any statute or rule of law apart from this article would constitute
the transaction a fraudulent transfer or voidable preference. (3) A creditor of a seller may
treat a sale or an identification of goods to a contract for sale as void if as against the
creditor retention of possession by the seller is fraudulent under any statute or rule of
law, but retention of possession of the goods pursuant to a lease...
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8-19A-13
Section 8-19A-13 Gifts, premiums, bonuses, or prizes; disclosures. If a commercial telephone
seller expressly or impliedly represents to any prospective purchaser, directly or through
a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus,
or prize, however denominated, the commercial telephone seller shall submit to the division
a statement setting forth, for each item mentioned: (1) A description of the item. (2) The
value or worth of the item and the basis for the valuation. (3) All terms and conditions a
purchaser is required to satisfy in order to receive the item. The statement shall be accompanied
by a copy of the written statement of terms and conditions provided to purchasers pursuant
to this chapter. (4) If they are ascertainable, the odds, for a given purchaser, of receiving
the item. (5) If a purchaser is to receive fewer than all the items described by the seller:
a. The manner in which the commercial telephone seller decides which item...
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40-29-22
the existence of such lien. (2) MOTOR VEHICLES. With respect to a motor vehicle (as defined
in subsection (g)(3)), as against a purchaser of such motor vehicle, if: a. At the time of
the purchase such purchaser did not have actual notice or knowledge of the existence of such
lien; and b. Before the purchaser obtains such notice or knowledge, he has acquired possession
of such motor vehicle and has not thereafter relinquished possession of such motor vehicle
to the seller or his agent. (3) PERSONAL PROPERTY PURCHASED AT RETAIL. With respect
to tangible personal property purchased at retail, as against a purchaser in the ordinary
course of the seller's trade or business, unless at the time of such purchase such purchaser
intends such purchase to (or knows such purchase will) hinder, evade, or defeat the collection
of any tax under this title. (4) PERSONAL PROPERTY PURCHASED IN CASUAL SALE. With respect
to household goods, personal effects, or other tangible personal property purchased...
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7-2-328
Section 7-2-328 Sale by auction. (1) In a sale by auction if goods are put up in lots each
lot is the subject of a separate sale. (2) A sale by auction is complete when the auctioneer
so announces by the fall of the hammer or in other customary manner. Where a bid is made while
the hammer is falling in acceptance of a prior bid the auctioneer may in his discretion reopen
the bidding or declare the goods sold under the bid on which the hammer was falling. (3) Such
a sale is with reserve unless the goods are in explicit terms put up without reserve. In an
auction with reserve the auctioneer may withdraw the goods at any time until he announces
completion of the sale. In an auction without reserve, after the auctioneer calls for bids
on an article or lot, that article or lot cannot be withdrawn unless no bid is made within
a reasonable time. In either case a bidder may retract his bid until the auctioneer's announcement
of completion of the sale, but a bidder's retraction does not revive...
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7-7-204
Section 7-7-204 Duty of care; contractual limitation of warehouse's liability. (a) A warehouse
is liable for damages for loss of or injury to the goods caused by its failure to exercise
care with regard to the goods that a reasonably careful person would exercise under similar
circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could
not have been avoided by the exercise of that care. (b) Damages may be limited by a term in
the warehouse receipt or storage agreement limiting the amount of liability in case of loss
or damage beyond which the warehouse is not liable. Such a limitation is not effective with
respect to the warehouse's liability for conversion to its own use. On request of the bailor
in a record at the time of signing the storage agreement or within a reasonable time after
receipt of the warehouse receipt, the warehouse's liability may be increased on part or all
of the goods covered by the storage agreement or the warehouse receipt. In this...
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28-3-11
Section 28-3-11 Invoices and receipts to be maintained by persons, firms, etc., selling or
shipping goods, merchandise, etc., to persons, firms, etc., in another state or to federal
government for army, navy or marine purposes; exemption from taxation goods purchased from
Alcoholic Beverage Control Board for export to another country. (a) Where goods, wares, or
merchandise enumerated in this chapter are sold or shipped to any person, firm, corporation,
or association of persons in another state, the seller or shipper in this state shall make
and preserve for three years a duplicate invoice bill, giving the name of the person, firm,
corporation, or association of persons to whom shipped, delivered, or sold, the date of sale
or shipment, and the quantity of the merchandise sold or shipped. The seller in this state
shall have on file a freight, express, or postal receipt for the merchandise showing that
the merchandise was turned over to a common carrier engaged in interstate commerce. If...
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37-9-27
Section 37-9-27 Air carriers to file tariff of rates, fares and charges; rejection of tariff
and consequences thereof; refunds or remittances of rates, fares and charges; changes in rates,
fares and charges; filing of divisions of joint rates, fares and charges. (a) Every common
carrier by aircraft shall file with the commission, print and make available to the public,
tariffs showing all the rates, fares and charges for the intrastate transportation of persons
or property within the state between points served by it, and between points served by it
and points served by any other common carriers when through intrastate service and rates have
been established, and all classifications, rules, regulations, practices and services in connection
with such transportation. (b) Every contract carrier by aircraft shall file with the commission,
print and make available to the public, tariffs showing all minimum rates, fares and charges
for the intrastate transportation of persons or property...
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7-2A-402
Section 7-2A-402 Anticipatory repudiation. (1) If either party repudiates a lease contract
with respect to a performance not yet due under the lease contract, the loss of which performance
will substantially impair the value of the lease contract to the other, the aggrieved party
may: (a) for a commercially reasonable time, await retraction of repudiation and performance
by the repudiating party; (b) make demand pursuant to Section 7-2A-401 and await assurance
of future performance adequate under the circumstances of the particular case; or (c) resort
to any right or remedy upon default under the lease contract or this article, even though
the aggrieved party has notified the repudiating party that the aggrieved party would await
the repudiating party's performance and assurance and has urged retraction. (2) In addition,
whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved
party may suspend performance or, if the aggrieved party is the lessor,...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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