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7-2-322
Section 7-2-322 Delivery "ex-ship". (1) Unless otherwise agreed a term for
delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent
language is not restricted to a particular ship and requires delivery from a ship which has
reached a place at the named port of destination where goods of the kind are usually discharged.
(2) Under such a term unless otherwise agreed: (a) The seller must discharge all liens arising
out of the carriage and furnish the buyer with a direction which puts the carrier under a
duty to deliver the goods; and (b) The risk of loss does not pass to the buyer until the goods
leave the ship's tackle or are otherwise properly unloaded. (Acts 1965, No. 549, p. 811.)...
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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...
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7-2-320
Section 7-2-320 C.I.F. and C. & F. terms. (1) The term C.I.F. means that the price
includes in a lump sum the cost of the goods and the insurance and freight to the named destination.
The term C. & F. or C.F. means that the price so includes cost and freight to the named
destination. (2) Unless otherwise agreed and even though used only in connection with the
stated price and destination, the term C.I.F. destination or its equivalent requires the seller
at his own expense and risk to: (a) Put the goods into the possession of a carrier at the
port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation
to the named destination; and (b) Load the goods and obtain a receipt from the carrier (which
may be contained in the bill of lading) showing that the freight has been paid or provided
for; and (c) Obtain a policy or certificate of insurance, including any war risk insurance,
of a kind and on terms then current at the port of shipment in the usual...
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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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7-2-310
Section 7-2-310 Open time for payment or running of credit; authority to ship under
reservation. Unless otherwise agreed: (a) Payment is due at the time and place at which the
buyer is to receive the goods even though the place of shipment is the place of delivery;
and (b) If the seller is authorized to send the goods he may ship them under reservation,
and may tender the documents of title, but the buyer may inspect the goods after their arrival
before payment is due unless such inspection is inconsistent with the terms of the contract
(Section 7-2-513); and (c) If delivery is authorized and made by way of documents of
title otherwise than by subsection (b) then payment is due regardless of where the goods are
to be received (i) at the time and place at which the buyer is to receive delivery of the
tangible documents or (ii) at the time the buyer is to receive delivery of the electronic
documents and at the seller's place of business or, if none, the seller's residence; and (d)
Where...
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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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7-2-401
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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7-2-321
Section 7-2-321 C.I.F. or C. & F.: "Net landed weights"; "payment
on arrival"; warranty of condition on arrival. Under a contract containing a term C.I.F.
or C. & F.: (1) Where the price is based on or is to be adjusted according to "net
landed weights," "delivered weights," "out turn" quantity or quality
or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment
due on tender of the documents called for by the contract is the amount so estimated, but
after final adjustment of the price a settlement must be made with commercial promptness.
(2) An agreement described in subsection (1) or any warranty of quality or condition of the
goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage and
the like in transportation but has no effect on the place or time of identification to the
contract for sale or delivery or on the passing of the risk of loss. (3) Unless otherwise
agreed where the contract provides for payment on or...
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7-2-509
Section 7-2-509 Risk of loss in the absence of breach. (1) Where the contract requires
or authorizes the seller to ship the goods by carrier: (a) If it does not require him to deliver
them at a particular destination, the risk of loss passes to the buyer when the goods are
duly delivered to the carrier even though the shipment is under reservation (Section
7-2-505); but (b) If it does require him to deliver them at a particular destination and the
goods are there duly tendered while in the possession of the carrier, the risk of loss passes
to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of
loss passes to the buyer: (a) On his receipt of possession or control of a negotiable document
of title covering the goods; or (b) On acknowledgment by the bailee of the buyer's right to
possession of the goods; or (c) After his receipt of possession or control of a...
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7-2A-519
Section 7-2A-519 Lessee's damages for nondelivery, repudiation, default, and breach
of warranty in regard to accepted goods. (1) 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 elects not
to cover or a lessee elects to cover and the cover is by lease agreement that for any reason
does not qualify for treatment under Section 7-2A-518(2), or is by purchase or otherwise,
the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation
of acceptance by the lessee is the present value, as of the date of the default, of the then
market rent minus the present value as of the same date of the original rent, computed for
the remaining lease term of the original lease agreement, together with incidental and consequential
damages, less expenses saved in consequence of the lessor's default. (2) Market...
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