Code of Alabama

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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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7-2-705
Section 7-2-705 Seller's stoppage of delivery in transit or otherwise. (1) The seller
may stop delivery of goods in the possession of a carrier or other bailee when he discovers
the buyer to be insolvent (Section 7-2-702) and may stop delivery of carload, truckload,
planeload or larger shipments of express or freight when the buyer repudiates or fails to
make a payment due before delivery or if for any other reason the seller has a right to withhold
or reclaim the goods. (2) As against such buyer the seller may stop delivery until: (a) Receipt
of the goods by the buyer; or (b) Acknowledgment to the buyer by any bailee of the goods except
a carrier that the bailee holds the goods for the buyer; or (c) Such acknowledgment to the
buyer by a carrier by reshipment or as warehouseman; or (d) Negotiation to the buyer of any
negotiable document of title covering the goods. (3)(a) To stop delivery the seller must so
notify as to enable the bailee by reasonable diligence to prevent delivery of...
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7-2-106
Section 7-2-106 Definitions: "Contract"; "agreement"; "contract
for sale"; "sale"; "present sale"; "conforming" to contract;
"termination"; "cancellation." (1) In this article unless the context
otherwise requires "contract" and "agreement" are limited to those relating
to the present or future sale of goods. "Contract for sale" includes both a present
sale of goods and a contract to sell goods at a future time. A "sale" consists in
the passing of title from the seller to the buyer for a price (Section 7-2-401). A
"present sale" means a sale which is accomplished by the making of the contract.
(2) Goods or conduct including any part of a performance are "conforming" or "conform
to the contract" when they are in accordance with the obligations under the contract.
(3) "Termination" occurs when either party pursuant to a power created by agreement
or law puts an end to the contract otherwise than for its breach. On "termination"
all obligations which are still executory on both sides are...
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5-19-12
Section 5-19-12 Buyer's right to cancel home solicitation sale. (a) A buyer has the
right to cancel a home solicitation sale until midnight of the third business day following
execution by the buyer of an agreement or offer to purchase, which notice is effective when
delivered or when deposited in the mail properly addressed to the seller, postage prepaid.
The seller must deliver to the buyer and obtain the buyer's written signature to a written
agreement or offer to purchase designating as the date of the transaction the date on which
the buyer actually signs and containing the following under the conspicuous caption: "BUYER'S
RIGHT TO CANCEL" "If this agreement was solicited at your residence and you do not
want the goods or services, you may cancel this agreement by delivering or mailing a notice
to the seller. The notice must say that you are cancelling the agreement and must be delivered
or mailed before midnight of the third business day after you sign this agreement. The notice...

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7-2-716
Section 7-2-716 Buyer's right to specific performance or replevin. (1) Specific performance
may be decreed where the goods are unique or in other proper circumstances. (2) The decree
for specific performance may include such terms and conditions as to payment of the price,
damages, or other relief as the court may deem just. (3) The buyer has a right of replevin
for goods identified to the contract if after reasonable effort he is unable to effect cover
for such goods or the circumstances reasonably indicate that such effort will be unavailing
or if the goods have been shipped under reservation and satisfaction of the security interest
in them has been made or tendered. In the case of goods bought for personal, family, or household
purposes, the buyer's right of replevin vests upon acquisition of a special property, even
if the seller had not then repudiated or failed to deliver. (Acts 1965, No. 549, p. 811; Act
2001-481, p. 647, ยง2.)...
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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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7-7-504
Section 7-7-504 Rights acquired in absence of due negotiation; effect of diversion;
stoppage of delivery. (a) A transferee of a document of title, whether negotiable or nonnegotiable,
to which the document has been delivered but not duly negotiated, acquires the title and rights
that its transferor had or had actual authority to convey. (b) In the case of a transfer of
a nonnegotiable document of title, until but not after the bailee receives notice of the transfer,
the rights of the transferee may be defeated: (1) By those creditors of the transferor which
could treat the transfer as void under Section 7-2-402 or 7-2A-308; (2) By a buyer
from the transferor in ordinary course of business if the bailee has delivered the goods to
the buyer or received notification of the buyer's rights; (3) By a lessee from the transferor
in ordinary course of business if the bailee has delivered the goods to the lessee or received
notification of the lessee's rights; or (4) As against the bailee, by...
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7-2-107
Section 7-2-107 Goods to be severed from realty; recording. (1) A contract for the sale
of minerals or the like (including oil and gas) or a structure or its materials to be removed
from realty is a contract for the sale of goods within this article if they are to be severed
by the seller, but until severance a purported present sale thereof which is not effective
as a transfer of an interest in land is effective only as a contract to sell. (2) A contract
for the sale apart from the land of growing crops or other things attached to realty and capable
of severance without material harm thereto but not described in subsection (1) is a contract
for the sale of goods within this article whether the subject matter is to be severed by the
buyer or by the seller even though it forms part of the realty at the time of contracting,
and the parties can by identification effect a present sale before severance. (3) The provisions
of this section are subject to any third-party rights provided by the...
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7-2-105
Section 7-2-105 Definitions: "Transferability"; "goods"; "future
goods"; "lot"; "commercial unit." (1) "Goods" means all
things (including specially manufactured goods) which are movable at the time of identification
to the contract for sale other than the money in which the price is to be paid, investment
securities (Article 8) and things in action. "Goods" also includes the unborn young
of animals and growing crops and other identified things attached to realty as described in
the section on goods to be severed from realty (Section 7-2-107). (2) Goods
must be both existing and identified before any interest in them can pass. Goods which are
not both existing and identified are "future goods". A purported present sale of
future goods or of any interest therein operates as a contract to sell. (3) There may be a
sale of a part interest in existing identified goods. (4) An undivided share in an identified
bulk of fungible goods is sufficiently identified to be sold although the quantity...
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7-2-501
Section 7-2-501 Insurable interest in goods; manner of identification of goods. (1)
The buyer obtains a special property and an insurable interest in goods by identification
of existing goods as goods to which the contract refers even though the goods so identified
are nonconforming and he has an option to return or reject them. Such identification can be
made at any time and in any manner explicitly agreed to by the parties. In the absence of
explicit agreement "identification" occurs: (a) When the contract is made if it
is for the sale of goods already existing and identified; (b) If the contract is for the sale
of future goods other than those described in paragraph (c), when goods are shipped, marked
or otherwise designated by the seller as goods to which the contract refers; (c) When the
crops are planted or otherwise become growing crops or the young are conceived if the contract
is for the sale of unborn young to be born within 12 months after contracting or for the sale
of...
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