Code of Alabama

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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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7-7-507
Section 7-7-507 Warranties on negotiation or delivery of document of title. If a person
negotiates or delivers a document of title for value, otherwise than as a mere intermediary
under Section 7-7-508, unless otherwise agreed, the transferor, in addition to any
warranty made in selling or leasing the goods, warrants to its immediate purchaser only that:
(1) The document is genuine; (2) The transferor does not have knowledge of any fact that would
impair the document's validity or worth; and (3) The negotiation or delivery is rightful and
fully effective with respect to the title to the document and the goods it represents. (Prior
version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-315,
p. 464, §1; current section added by Act 2004-315, p. 464, §1.)...
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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)...

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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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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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7-2A-518
Section 7-2A-518 Cover; substitute goods. (1) After a default by a lessor under the
lease contract of the type described in Section 7-2A-508(1), or, if agreed, after other
default by the lessor, the lessee may cover by making any purchase or lease of or contract
to purchase or lease goods in substitution for those due from the lessor. (2) Except as otherwise
provided with respect to damages liquidated in the lease agreement (Section 7-2A-504)
or otherwise determined pursuant to agreement of the parties (Sections 7-1-302 and 7-2A-503),
if a lessee's cover is by a lease agreement substantially similar to the original lease agreement
and the new lease agreement is made in good faith and in a commercially reasonable manner,
the lessee may recover from the lessor as damages (i) the present value, as of the date of
the commencement of the term of the new lease agreement, of the rent under the new lease agreement
applicable to that period of the new lease term which is comparable to the then...
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7-2A-527
Section 7-2A-527 Lessor's rights to dispose of goods. (1) After a default by a lessee
under the lease contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a)
or after the lessor refuses to deliver or takes possession of goods (Section 7-2A-525
or 7-2A-526), or, if agreed, after other default by a lessee, the lessor may dispose of the
goods concerned or the undelivered balance thereof by lease, sale, or otherwise. (2) Except
as otherwise provided with respect to damages liquidated in the lease agreement (Section
7-2A-504) or otherwise determined pursuant to agreement of the parties (Sections 7-1-302 and
7-2A-503), if the disposition is by lease agreement substantially similar to the original
lease agreement and the new lease agreement is made in good faith and in a commercially reasonable
manner, the lessor may recover from the lessee as damages (i) accrued and unpaid rent as of
the date of the commencement of the term of the new lease agreement, (ii) the present value,...

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7-2-201
Section 7-2-201 Formal requirements; statute of frauds. (1) Except as otherwise provided
in this section a contract for the sale of goods for the price of $500 or more is not
enforceable by way of action or defense unless there is some writing sufficient to indicate
that a contract for sale has been made between the parties and signed by the party against
whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient
because it omits or incorrectly states a term agreed upon, but the contract is not enforceable
under this paragraph beyond the quantity of goods shown in such writing. (2) Between merchants
if within a reasonable time a writing in confirmation of the contract and sufficient against
the sender is received and the party receiving it has reason to know its contents, it satisfies
the requirements of subsection (1) against such party unless written notice of objection to
its contents is given within 10 days after it is received. (3) A contract...
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7-2A-201
Section 7-2A-201 Statute of frauds. (1) A lease contract is not enforceable by way of
action or defense unless: (a) the total payments to be made under the lease contract, excluding
payments for options to renew or buy, are less than $1,000; or (b) there is a writing, signed
by the party against whom enforcement is sought or by that party's authorized agent, sufficient
to indicate that a lease contract has been made between the parties and to describe the goods
leased and the lease term. (2) Any description of leased goods or of the lease term is sufficient
and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies
what is described. (3) A writing is not insufficient because it omits or incorrectly states
a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond
the lease term and the quantity of goods shown in the writing. (4) A lease contract that does
not satisfy the requirements of subsection (1), but which is...
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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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