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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7-2-326
Section 7-2-326 "Sale on approval" and "sale or return." (1) Unless
otherwise agreed, if delivered goods may be returned by the buyer even though they conform
to the contract, the transaction is: (a) A "sale on approval" if the goods are delivered
primarily for use, and (b) A "sale or return" if the goods are delivered primarily
for resale. (2) Goods held on approval are not subject to the claims of the buyer's creditors
until acceptance; goods held on sale or return are subject to such claims while in the buyer's
possession. (3) Any "or return" term of a contract for sale is to be treated as
a separate contract for sale within the statute of frauds section of this article (Section
7-2-201) and as contradicting the sale aspect of the contract within the provisions of this
article on parol or extrinsic evidence (Section 7-2-202). (Acts 1965, No. 549, p. 811;
Act 2001-481, p. 647, §2.)...
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7-2-103
Section 7-2-103 Definitions and index of definitions. (1) In this article unless the
context otherwise requires: (a) "Buyer" means a person who buys or contracts to
buy goods. (b) "Good faith" in the case of a merchant means honesty in fact and
the observance of reasonable commercial standards of fair dealing in the trade. (c) "Receipt"
of goods means taking physical possession of them. (d) "Seller" means a person who
sells or contracts to sell goods. (2) Other definitions applying to this article or to specified
parts thereof and the sections in which they appear are: "Acceptance." Section
7-2-606. "Banker's credit." Section 7-2-325. "Between merchants."
Section 7-2-104. "Cancellation." Section 7-2-106 (4). "Commercial
unit." Section 7-2-105. "Confirmed credit." Section 7-2-325.
"Conforming to contract." Section 7-2-106. "Contract for sale."
Section 7-2-106. "Cover." Section 7-2-712. "Entrusting."
Section 7-2-403. "Financing agency." Section 7-2-104. "Future
goods." Section 7-2-105....
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7-2-513
Section 7-2-513 Buyer's right to inspection of goods. (1) Unless otherwise agreed and
subject to subsection (3), where goods are tendered or delivered or identified to the contract
for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable
place and time and in any reasonable manner. When the seller is required or authorized to
send the goods to the buyer, the inspection may be after their arrival. (2) Expenses of inspection
must be borne by the buyer but may be recovered from the seller if the goods do not conform
and are rejected. (3) Unless otherwise agreed and subject to the provisions of this article
on C.I.F. contracts (subsection (3) of Section 7-2-321), the buyer is not entitled
to inspect the goods before payment of the price when the contract provides: (a) For delivery
"C.O.D." or on other like terms; or (b) For payment against documents of title,
except where such payment is due only after the goods are to become available for inspection....

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7-2-510
Section 7-2-510 Effect of breach on risk of loss. (1) Where a tender or delivery of
goods so fails to conform to the contract as to give a right of rejection the risk of their
loss remains on the seller until cure or acceptance. (2) Where the buyer rightfully revokes
acceptance he may to the extent of any deficiency in his effective insurance coverage treat
the risk of loss as having rested on the seller from the beginning. (3) Where the buyer as
to conforming goods already identified to the contract for sale repudiates or is otherwise
in breach before risk of their loss has passed to him, the seller may to the extent of any
deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer
for a commercially reasonable time. (Acts 1965, No. 549, p. 811.)...
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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-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the
context otherwise requires: (a) "Buyer in ordinary course of business" means a person
who in good faith and without knowledge that the sale to him or her is in violation of the
ownership rights or security interest or leasehold interest of a third party in the goods,
buys in ordinary course from a person in the business of selling goods of that kind but does
not include a pawnbroker. "Buying" may be for cash or by exchange of other property
or on secured or unsecured credit and includes receiving goods or documents of title under
a pre-existing contract for sale but does not include a transfer in bulk or as security for
or in total or partial satisfaction of a money debt. (b) "Cancellation" occurs when
either party puts an end to the lease contract for default by the other party. (c) "Commercial
unit" means such a unit of goods as by commercial usage is a single whole for purposes
of lease and...
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7-2-210
Section 7-2-210 Delegation of performance; assignment of rights. (1) A party may perform
his duty through a delegate unless otherwise agreed or unless the other party has a substantial
interest in having his original promisor perform or control the acts required by the contract.
No delegation of performance relieves the party delegating of any duty to perform or any liability
for breach. (2) Except as otherwise provided in Section 7-9A-406, unless otherwise
agreed, all rights of either seller or buyer can be assigned except where the assignment would
materially change the duty of the other party, or increase materially the burden or risk imposed
on him by his contract, or impair materially his chance of obtaining return performance. A
right to damages for breach of the whole contract or a right arising out of the assignor's
due performance of his entire obligation can be assigned despite agreement otherwise. (3)
The creation, attachment, perfection, or enforcement of a security...
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7-2A-303
Section 7-2A-303 Alienability of interests, transfer of rights, etc. (1) As used in
this section, "creation of a security interest" includes the sale of a lease
contract that is subject to Article 9A, Secured Transactions, by reason of Section
7-9A-109(a)(3). (2) Except as provided in subsection (3) and Section 7-9A-407, a provision
in a lease agreement which (i) prohibits the voluntary or involuntary transfer, including
a transfer by sale, sublease, creation, or enforcement of a security interest, or attachment,
levy, or other judicial process, of an interest of a party under the lease contract or of
the lessor's residual interest in the goods, or (ii) makes such a transfer an event of default,
gives rise to the rights and remedies provided in subsection (4), but a transfer that is prohibited
or is an event of default under the lease agreement is otherwise effective. (3) A provision
in a lease agreement which (i) prohibits a transfer of a right to damages for default with
respect to...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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