7-2-709
Section 7-2-709 Action for the price. (1) When the buyer fails to pay the price as it
becomes due the seller may recover, together with any incidental damages under Section
7-2-710, the price: (a) Of goods accepted or of conforming goods lost or damaged within a
commercially reasonable time after risk of their loss has passed to the buyer; and (b) Of
goods identified to the contract if the seller is unable after reasonable effort to resell
them at a reasonable price or the circumstances reasonably indicate that such effort will
be unavailing. (2) Where the seller sues for the price he must hold for the buyer any goods
which have been identified to the contract and are still in his control except that if resale
becomes possible he may resell them at any time prior to the collection of the judgment. The
net proceeds of any such resale must be credited to the buyer and payment of the judgment
entitles him to any goods not resold. (3) After the buyer has wrongfully rejected or revoked...

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7-2-402
Section 7-2-402 Rights of seller's creditors against sold goods. (1) Except as provided
in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods
which have been identified to a contract for sale are subject to the buyer's rights to recover
the goods under this article (Sections 7-2-502 and 7-2-716). (2) A creditor of the seller
may treat a sale or an identification of goods to a contract for sale as void if as against
him a retention of possession by the seller is fraudulent under any rule of law of the state
where the goods are situated, except that retention of possession in good faith and current
course of trade by a merchant-seller for a commercially reasonable time after a sale or identification
is not fraudulent. (3) Nothing in this article shall be deemed to impair the rights of creditors
of the seller: (a) Under the provisions of the article on secured transactions (Article 9);
or (b) Where identification to the contract or delivery is made...
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7-2-502
Section 7-2-502 Buyer's right to goods. (1) Subject to subsections (2) and (3) and even
though the goods have not been shipped a buyer who has paid a part or all of the price of
goods in which he has a special property under the provisions of Section 7-2-501 may
on making and keeping good a tender of any unpaid portion of their price recover them from
the seller if: (a) in the case of goods bought for personal, family, or household purposes,
the seller repudiates or fails to deliver as required by the contract; or (b) in all cases,
the seller becomes insolvent within 10 days after receipt of the first installment on their
price. (2) The buyer's right to recover the goods under subsection (1)(a) vests upon acquisition
of a special property, even if the seller had not then repudiated or failed to deliver. (3)
If the identification creating his special property has been made by the buyer he acquires
the right to recover the goods only if they conform to the contract for sale. (Acts 1965,...

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7-2-607
Section 7-2-607 Effect of acceptance; notice of breach; burden of establishing breach
after acceptance; notice of claim or litigation to person answerable over. (1) The buyer must
pay at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes
rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked
because of it unless the acceptance was on the reasonable assumption that the nonconformity
would be seasonably cured, but acceptance does not of itself impair any other remedy provided
by this article for nonconformity. (3) Where a tender has been accepted: (a) The buyer must
within a reasonable time after he discovers or should have discovered any breach notify the
seller of breach or be barred from any remedy; and (b) If the claim is one for infringement
or the like (subsection (3) of Section 7-2-312) and the buyer is sued as a result of
such a breach, he must so notify the seller within a reasonable time after he...
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7-2-104
Section 7-2-104 Definitions: "Merchant"; "between merchants"; "financing
agency." (1) "Merchant" means a person who deals in goods of the kind or otherwise
by his occupation holds himself out as having knowledge or skill peculiar to the practices
or goods involved in the transaction or to whom such knowledge or skill may be attributed
by his employment of an agent or broker or other intermediary who by his occupation holds
himself out as having such knowledge or skill. (2) "Financing agency" means a bank,
finance company or other person who in the ordinary course of business makes advances against
goods or documents of title or who by arrangement with either the seller or the buyer intervenes
in ordinary course to make or collect payment due or claimed under the contract for sale,
as by purchasing or paying the seller's draft or making advances against it or by merely taking
it for collection whether or not documents of title accompany or are associated with the draft.
"Financing...
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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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7-2-507
Section 7-2-507 Effect of seller's tender; delivery on condition. (1) Tender of delivery
is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his
duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment
according to the contract. (2) Where payment is due and demanded on the delivery to the buyer
of goods or documents of title, his right as against the seller to retain or dispose of them
is conditional upon his making the payment due. (Acts 1965, No. 549, p. 811.)...
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27-17A-10
Section 27-17A-10 Certificate required. (a) No person may sell a preneed contract without
first having a valid certificate of authority. (b)(1) No person may receive any funds for
payment on a preneed contract who does not hold a valid certificate of authority. (2) Any
preneed transaction in which a buyer pays to the seller before need, in whole or in part,
a purchase price for funeral or cemetery merchandise and services, and in which the seller
is not obligated to deliver the contracted for merchandise or to perform the services until
need, in whole or in part, shall be evidenced by a written preneed contract satisfying the
requirements of this chapter and signed by the seller and the purchaser. No person may receive
or accept any form of consideration in such a transaction without a fully signed written preneed
contract. A transaction not evidenced by a signed written preneed contract shall be voidable
at the election of the buyer and, if such election is made, the seller shall...
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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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40-12-172
Section 40-12-172 Transient dealers. Each person doing business as a transient dealer
as defined in this section and who does not pay the privilege license under Section
40-12-73 or the license permit under Section 40-25-19 shall pay an annual license tax
to the state of $30. The payment of one state license shall authorize such transient dealer
to engage in such business in any county in the state upon the payment of a county license
of $5 in each such county. When used in this section, the words "transient dealer"
shall be held to include any person or persons who shall be embraced in any of the following
classifications: All persons acting for themselves or as an agent, employee, salesman or in
any capacity for another, whether as owner, bailee or other custodian of goods, wares, and
merchandise and going from person to person, dealer to dealer, house to house or place to
place and selling or offering to sell, exchanging or offering to exchange, for resale by a
retailer, any goods,...
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