41-9-682
Section 41-9-682 Function and powers generally. (a) It shall be the function and main purpose
of the board to honor those, living or dead, who, by achievement or service, have made outstanding
and lasting contributions to music in Alabama or elsewhere. The board may adopt such rules,
regulations and bylaws as may be needed to carry out its functions. Also, it may conduct surveys
and polls and may appoint such committees and representatives as it may determine necessary
or desirable. The board may acquire, construct, install, equip, lease, manage and operate
buildings and other facilities consisting of any one or more of the following to be located
in Colbert County, Alabama: (i) a music hall of fame and exhibition facility for the display
of busts, statues, plaques, books, papers, computerized figures, memorabilia, records, films,
audio tapes, video tapes, compact disks, recordings, pictures and other exhibits relating
to music and musicians, (ii) a library, research and educational...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...

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7-2-324
Section 7-2-324 "No arrival, no sale" term. Under a term "no arrival, no sale"
or terms of like meaning, unless otherwise agreed, (a) The seller must properly ship conforming
goods and if they arrive by any means he must tender them on arrival but he assumes no obligation
that the goods will arrive unless he has caused the nonarrival; and (b) Where without fault
of the seller the goods are in part lost or have so deteriorated as no longer to conform to
the contract or arrive after the contract time, the buyer may proceed as if there had been
casualty to identified goods (Section 7-2-613). (Acts 1965, No. 549, p. 811.)...
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7-2-511
Section 7-2-511 Tender of payment by buyer; payment by check. (1) Unless otherwise agreed tender
of payment is a condition to the seller's duty to tender and complete any delivery. (2) Tender
of payment is sufficient when made by any means or in any manner current in the ordinary course
of business unless the seller demands payment in legal tender and gives any extension of time
reasonably necessary to procure it. (3) Subject to the provisions of this title on the effect
of an instrument on an obligation (Section 7-3-310), payment by check is conditional and is
defeated as between the parties by dishonor of the check on due presentment. (Acts 1965, No.
549, p. 811; Acts 1995, No. 95-668, p. 1381, §4.)...
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7-2-307
Section 7-2-307 Delivery in single lot or several lots. Unless otherwise agreed all goods called
for by a contract for sale must be tendered in a single delivery and payment is due only on
such tender, but where the circumstances give either party the right to make or demand delivery
in lots, the price if it can be apportioned, may be demanded for each lot. (Acts 1965, No.
549, p. 811.)...
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7-2-323
Section 7-2-323 Form of bill of lading required in overseas shipment; "overseas."
(1) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. &
F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading
stating that the goods have been loaded on board or, in the case of a term C.I.F. or C. &
F., received for shipment. (2) Where in a case within subsection (1) a tangible bill of lading
has been issued in a set of parts, unless otherwise agreed if the documents are not to be
sent from abroad the buyer may demand tender of the full set; otherwise only one part of the
bill of lading need be tendered. Even if the agreement expressly requires a full set: (a)
Due tender of a single part is acceptable within the provisions of this article on cure of
improper delivery (subsection (1) of Section 7-2-508); and (b) Even though the full set is
demanded, if the documents are sent from abroad the person tendering an incomplete set may...

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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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7-2-325
Section 7-2-325 "Letter of credit" term; "confirmed credit." (1) Failure
of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract
for sale. (2) The delivery to seller of a proper letter of credit suspends the buyer's obligation
to pay. If the letter of credit is dishonored, the seller may on seasonable notification to
the buyer require payment directly from him. (3) Unless otherwise agreed the term "letter
of credit" or "banker's credit" in a contract for sale means an irrevocable
credit issued by a financing agency of good repute and, where the shipment is overseas, of
good international repute. The term "confirmed credit" means that the credit must
also carry the direct obligation of such an agency which does business in the seller's financial
market. (Acts 1965, No. 549, p. 811.)...
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7-2-706
Section 7-2-706 Seller's resale including contract for resale. (1) Under the conditions stated
in Section 7-2-703 on seller's remedies, the seller may resell the goods concerned or the
undelivered balance thereof. Where the resale is made in good faith and in a commercially
reasonable manner the seller may recover the difference between the resale price and the contract
price together with any incidental damages allowed under the provisions of this article (Section
7-2-710), but less expenses saved in consequence of the buyer's breach. (2) Except as otherwise
provided in subsection (3) or unless otherwise agreed resale may be at public or private sale
including sale by way of one or more contracts to sell or of identification to an existing
contract of the seller. Sale may be as a unit or in parcels and at any time and place and
on any terms, but every aspect of the sale, including the method, manner, time, place and
terms, must be commercially reasonable. The resale must be reasonably...
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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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