7-2-604
Section 7-2-604 Buyer's options as to salvage of rightfully rejected goods. Subject to the
provisions of Section 7-2-603 on perishables if the seller gives no instructions within a
reasonable time after notification of rejection the buyer may store the rejected goods for
the seller's account or reship them to him or resell them for the seller's account with reimbursement
as provided in Section 7-2-603. Such action is not acceptance or conversion. (Acts 1965, No.
549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-604.htm - 782 bytes - Match Info - Similar pages

34-27-55
Section 34-27-55 Acts constituting violation of article - Failure to refund all payments; failure
to place all funds in escrow account. It shall be a violation of this article for a seller
of vacation time-sharing plans to: (1) Fail to refund any and all payments made by the buyer
under the contract and return any negotiable instrument, other than checks, executed by the
buyer in connection with the contract or services within 20 days after receipt of notice of
cancellation made pursuant to Section 34-27-53, if the buyer has not received any benefits
pursuant to the contract. (2) If the buyer has received any benefits pursuant to the contract,
fail to refund within 30 days after receipt of notification of cancellation made pursuant
to Section 34-27-53 or Section 34-27-54 any and all payments made by the buyer to the seller
which exceed a pro rata portion of the total price, taking into consideration the cost of
use of the time-share facilities at an average rental rate per unit for all...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-55.htm - 2K - Match Info - Similar pages

7-2-315
Section 7-2-315 Implied warranty: Fitness for particular purpose. Where the seller at the time
of contracting has reason to know any particular purpose for which the goods are required
and that the buyer is relying on the seller's skill or judgment to select or furnish suitable
goods, there is unless excluded or modified under Section 7-2-316 an implied warranty that
the goods shall be fit for such purpose. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-315.htm - 742 bytes - Match Info - Similar pages

7-2-508
Section 7-2-508 Cure by seller of improper tender or delivery; replacement. (1) Where any tender
or delivery by the seller is rejected because nonconforming and the time for performance has
not yet expired, the seller may seasonably notify the buyer of his intention to cure and may
then within the contract time make a conforming delivery. (2) Where the buyer rejects a nonconforming
tender which the seller had reasonable grounds to believe would be acceptable with or without
money allowance, the seller may if he seasonably notifies the buyer have a further reasonable
time to substitute a conforming tender. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-508.htm - 954 bytes - Match Info - Similar pages

34-27-54
Section 34-27-54 Acts constituting violation of article - Failure, etc., to honor buyer's request
to cancel contract. It shall be a violation of this article for the seller of vacation time-sharing
plans, or his or her assignees, to fail or refuse to honor a buyer's request to cancel a contract
as provided by Section 34-27-53 if such request is made; provided however, nothing contained
in this section shall operate to deny the seller the option to repair, replace, or reconstruct
within a reasonable time the accommodations or facilities if destroyed or damaged; provided
that such repair, replacement, or reconstruction shall bring such accommodations or facilities
back to a state reasonably the same as before the damage or destruction. (Acts 1983, No. 83-670,
p. 1035, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-54.htm - 1K - Match Info - Similar pages

7-2-314
Section 7-2-314 Implied warranty: Merchantability; usage of trade; human blood and tissues.
(1) Unless excluded or modified (Section 7-2-316), a warranty that the goods shall be merchantable
is implied in a contract for their sale if the seller is a merchant with respect to goods
of that kind. Under this section the serving for value of food or drink to be consumed either
on the premises or elsewhere is a sale. (2) Goods to be merchantable must be at least such
as: (a) Pass without objection in the trade under the contract description; and (b) In the
case of fungible goods, are of fair average quality within the description; and (c) Are fit
for the ordinary purposes for which such goods are used; and (d) Run, within the variations
permitted by the agreement, of even kind, quality and quantity within each unit and among
all units involved; and (e) Are adequately contained, packaged, and labeled as the agreement
may require; and (f) Conform to the promises or affirmations of fact made on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-314.htm - 2K - Match Info - Similar pages

7-2-512
Section 7-2-512 Payment by buyer before inspection. (1) Where the contract requires payment
before inspection nonconformity of the goods does not excuse the buyer from so making payment
unless: (a) The nonconformity appears without inspection; or (b) Despite tender of the required
documents the circumstances would justify injunction against honor under this title (Section
7-5-109(b)). (2) Payment pursuant to subsection (1) does not constitute an acceptance of goods
or impair the buyer's right to inspect or any of his remedies. (Acts 1965, No. 549, p. 811;
Acts 1997, No. 97-702, p. 1427, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-512.htm - 935 bytes - Match Info - Similar pages

7-2-612
Section 7-2-612 "Installment contract"; breach. (1) An "installment contract"
is one which requires or authorizes the delivery of goods in separate lots to be separately
accepted, even though the contract contains a clause "each delivery is a separate contract"
or its equivalent. (2) The buyer may reject any installment which is nonconforming if the
nonconformity substantially impairs the value of that installment and cannot be cured or if
the nonconformity is a defect in the required documents; but if the nonconformity does not
fall within subsection (3) and the seller gives adequate assurance of its cure, the buyer
must accept that installment. (3) Whenever nonconformity or default with respect to one or
more installments substantially impairs the value of the whole contract there is a breach
of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming
installment without seasonably notifying of cancellation or if he brings an action with respect
only...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-612.htm - 1K - Match Info - Similar pages

7-2-613
Section 7-2-613 Casualty to identified goods. Where the contract requires for its performance
goods identified when the contract is made, and the goods suffer casualty without fault of
either party before the risk of loss passes to the buyer, or in a proper case under a "no
arrival, no sale" term (Section 7-2-324) then: (a) If the loss is total the contract
is avoided; and (b) If the loss is partial or the goods have so deteriorated as no longer
to conform to the contract the buyer may nevertheless demand inspection and at his option
either treat the contract as avoided or accept the goods with due allowance from the contract
price for the deterioration or the deficiency in quantity but without further right against
the seller. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-613.htm - 1K - Match Info - Similar pages

7-2-718
Section 7-2-718 Liquidation or limitation of damages; deposits. (1) Damages for breach by either
party may be liquidated in the agreement but only at an amount which is reasonable in the
light of the anticipated or actual harm caused by the breach, the difficulties of proof of
loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A
term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller
justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled
to restitution of any amount by which the sum of his payments exceeds: (a) The amount to which
the seller is entitled by virtue of terms liquidating the seller's damages in accordance with
subsection (1), or (b) In the absence of such terms, 20 percent of the value of the total
performance for which the buyer is obligated under the contract or $500, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-718.htm - 2K - Match Info - Similar pages