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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7-2-717
Section 7-2-717 Deduction of damages from the price. The buyer on notifying the seller of his
intention to do so may deduct all or any part of the damages resulting from any breach of
the contract from any part of the price still due under the same contract. (Acts 1965, No.
549, p. 811.)...
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7-3-119
Section 7-3-119 Notice of right to defend action. In an action for breach of an obligation
for which a third person is answerable over pursuant to this article or Article 4, the defendant
may give the third person written notice of the litigation, and the person notified may then
give similar notice to any other person who is answerable over. If the notice states (i) that
the person notified may come in and defend and (ii) that failure to do so will bind the person
notified in an action later brought by the person giving the notice as to any determination
of fact common to the two litigations, the person notified is so bound unless after seasonable
receipt of the notice the person notified does come in and defend. (Acts 1995, No. 95-668,
p. 1381, §1.)...
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5-19-13
Section 5-19-13 Repossession or acceptance of surrender of goods priced at one thousand dollars
or less. If any seller or assignee of the seller repossesses or voluntarily accepts surrender
of goods sold in which the seller or assignee has a security interest and the original cash
price of the goods repossessed or surrendered was one thousand dollars ($$1,000)
or less, the buyer is not personally liable to the seller or assignee for the unpaid balance
of the debt arising from the sale and the seller or assignee is not obligated to sell the
collateral. (Acts 1971, No. 2052, p. 3290, §9; Acts 1996, No. 96-576, p. 887, §2.)...
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7-2-601
Section 7-2-601 Buyer's rights on improper delivery. Subject to the provisions of this article
on breach in installment contracts (Section 7-2-612) and unless otherwise agreed under the
sections on contractual limitations of remedy (Sections 7-2-718 and 7-2-719), if the goods
or the tender of delivery fail in any respect to conform to the contract, the buyer may: (a)
Reject the whole; or (b) Accept the whole; or (c) Accept any commercial unit or units and
reject the rest. (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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7-4A-209
Section 7-4A-209 Acceptance of payment order. (a) Subject to subsection (d), a receiving bank
other than the beneficiary's bank accepts a payment order when it executes the order. (b)
Subject to subsections (c) and (d), a beneficiary's bank accepts a payment order at the earliest
of the following times: (1) when the bank (i) pays the beneficiary as stated in Section 7-4A-405(a)
or 7-4A-405(b), or (ii) notifies the beneficiary of receipt of the order or that the account
of the beneficiary has been credited with respect to the order unless the notice indicates
that the bank is rejecting the order or that funds with respect to the order may not be withdrawn
or used until receipt of payment from the sender of the order; (2) when the bank receives
payment of the entire amount of the sender's order pursuant to Section 7-4A-403(a)(1) or 7-4A-403(a)(2);
or (3) the opening of the next funds-transfer business day of the bank following the payment
date of the order if, at that time, the amount of...
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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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7-2-312
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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7-2-327
Section 7-2-327 Special incidents of sale on approval and sale or return. (1) Under a sale
on approval unless otherwise agreed: (a) Although the goods are identified to the contract
the risk of loss and the title do not pass to the buyer until acceptance; and (b) Use of the
goods consistent with the purpose of trial is not acceptance but failure seasonably to notify
the seller of election to return the goods is acceptance, and if the goods conform to the
contract acceptance of any part is acceptance of the whole; and (c) After due notification
of election to return, the return is at the seller's risk and expense, but a merchant buyer
must follow any reasonable instructions. (2) Under a sale or return unless otherwise agreed:
(a) The option to return extends to the whole or any commercial unit of the goods while in
substantially their original condition, but must be exercised seasonably; and (b) The return
is at the buyer's risk and expense. (Acts 1965, No. 549, p. 811.)...
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