|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-207.htm - 2K - Match Info - Similar pages
7-2-402
Section 7-2-402 Rights of seller's creditors against sold goods. (1) Except as provided in
subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods
which have been identified to a contract for sale are subject to the buyer's rights to recover
the goods under this article (Sections 7-2-502 and 7-2-716). (2) A creditor of the seller
may treat a sale or an identification of goods to a contract for sale as void if as against
him a retention of possession by the seller is fraudulent under any rule of law of the state
where the goods are situated, except that retention of possession in good faith and current
course of trade by a merchant-seller for a commercially reasonable time after a sale or identification
is not fraudulent. (3) Nothing in this article shall be deemed to impair the rights of creditors
of the seller: (a) Under the provisions of the article on secured transactions (Article 9);
or (b) Where identification to the contract or delivery is made...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-402.htm - 1K - Match Info - Similar pages
7-9A-615
Section 7-9A-615 Application of proceeds of disposition; liability for deficiency and right
to surplus. (a) Application of proceeds. A secured party shall apply or pay over for application
the cash proceeds of disposition under Section 7-9A-610 in the following order to: (1) the
reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing,
and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's
fees and legal expenses incurred by the secured party; (2) the satisfaction of obligations
secured by the security interest or agricultural lien under which the disposition is made;
(3) the satisfaction of obligations secured by any subordinate security interest in or other
subordinate lien on the collateral if: (A) the secured party receives from the holder of the
subordinate security interest or other lien an authenticated demand for proceeds before distribution
of the proceeds is completed; and (B) in a case in which a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-615.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-311.htm - 1K - Match Info - Similar pages
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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-503.htm - 2K - Match Info - Similar pages
7-7-206
Section 7-7-206 Termination of storage at warehouse's option. (a) A warehouse, by giving notice
to the person on whose account the goods are held and any other person known to claim an interest
in the goods, may require payment of any charges and removal of the goods from the warehouse
at the termination of the period of storage fixed by the document of title or, if a period
is not fixed, within a stated period not less than 30 days after the warehouse gives notice.
If the goods are not removed before the date specified in the notice, the warehouse may sell
them pursuant to Section 7-7-210. (b) If a warehouse in good faith believes that goods are
about to deteriorate or decline in value to less than the amount of its lien within the time
provided in subsection (a) and Section 7-7-210, the warehouse may specify in the notice given
under subsection (a) any reasonable shorter time for removal of the goods and, if the goods
are not removed, may sell them at public sale held not less than...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-206.htm - 2K - Match Info - Similar pages
7-9A-523
Section 7-9A-523 Information from filing office; sale or license of records. (a) Acknowledgment
of filing written record. If a person that files a written record requests an acknowledgment
of the filing, the filing office shall send to the person an image of the record showing the
number assigned to the record pursuant to Section 7-9A-519(a)(1) and the date and time of
the filing of the record. However, if the person furnishes a copy of the record to the filing
office, the filing office may instead: (1) note upon the copy the number assigned to the record
pursuant to Section 7-9A-519(a)(1) and the date and time of the filing of the record; and
(2) send the copy to the person. (b) Acknowledgment of filing other record. If a person files
a record other than a written record, the filing office shall communicate to the person an
acknowledgment that provides: (1) the information in the record; (2) the number assigned to
the record pursuant to Section 7-9A-519(a)(1); and (3) the date and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-523.htm - 6K - Match Info - Similar pages
6-5-271
Section 6-5-271 Liability for theft or attempted theft; liability of parents of unemancipated
minor; liability for defrauding an eating establishment; liability of foster home. (a) An
adult or emancipated minor who commits or attempts to commit a theft of property consisting
of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4,
or 13A-8-5, shall be civilly liable to the merchant in an amount consisting of all of the
following: (1) The full retail value of the merchandise if not recovered in merchantable condition
at its full retail price. (2) Expenses for recovery of the merchandise in the amount of $200.
(3) Reasonable attorney's fees and court costs not to exceed $1000. (b) Parents or legal guardians
of an unemancipated minor under the age of 19 shall be liable in a civil action for the minor
who commits or attempts to commit a theft of property consisting of goods for sale on the
premises of a merchant in violation of Sections 13A-8-3, 13A-8-4,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-271.htm - 2K - Match Info - Similar pages
7-2-319
Section 7-2-319 F.O.B. and F.A.S. terms. (1) Unless otherwise agreed the term F.O.B. (which
means "free on board") at a named place, even though used only in connection with
the stated price, is a delivery term under which: (a) When the term is F.O.B. the place of
shipment, the seller must at that place ship the goods in the manner provided in this article
(Section 7-2-504) and bear the expense and risk of putting them into the possession of the
carrier; or (b) When the term is F.O.B. the place of destination, the seller must at his own
expense and risk transport the goods to that place and there tender delivery of them in the
manner provided in this article (Section 7-2-503); (c) When under either (a) or (b) the term
is also F.O.B. vessel, car or other vehicle, the seller must in addition at his own expense
and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel
and in an appropriate case the seller must comply with the provisions of this article...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-319.htm - 2K - Match Info - Similar pages
26-17-636
Section 26-17-636 Order adjudicating parentage; limitation on liability for education and support;
cost, fees, and expenses. (a) The court shall issue an order adjudicating whether a man alleged
or claiming to be the father is the parent of the child. (b) An order adjudicating parentage
must identify the child by name and date of birth, if known. (c) Except as otherwise provided
in subsection (d), the court may assess filing fees, reasonable attorney's fees, fees for
genetic testing, other costs, and necessary travel and other reasonable expenses incurred
in a proceeding under this article, subject to the following rules: (1) Parties to proceedings
under this chapter should pay the fees and expenses of retained counsel, expert witnesses,
guardians ad litem, the costs of appropriate tests and other costs of the trial as they may,
themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian
ad litem fees, costs of appropriate tests and other costs of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-17-636.htm - 4K - Match Info - Similar pages
|