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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7-2-513
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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7-2A-108
Section 7-2A-108 Unconscionability. (1) If the court as a matter of law finds a lease contract
or any clause of a lease contract to have been unconscionable at the time it was made the
court may refuse to enforce the lease contract, or it may enforce the remainder of the lease
contract without the unconscionable clause, or it may so limit the application of any unconscionable
clause as to avoid any unconscionable result. (2) Before making a finding of unconscionability
under subsection (1), the court, on its own motion or that of a party, shall afford the parties
a reasonable opportunity to present evidence as to the setting, purpose, and effect of the
lease contract or clause thereof, or of the conduct. (Acts 1992, 2nd Ex. Sess., No. 92-700,
p. 92, §108.)...
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7-2A-526
Section 7-2A-526 Lessor's stoppage of delivery in transit or otherwise. (1) A lessor may stop
delivery of goods in the possession of a carrier or other bailee if the lessor discovers the
lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments
of express or freight if the lessee repudiates or fails to make a payment due before delivery,
whether for rent, security or otherwise under the lease contract, or for any other reason
the lessor has a right to withhold or take possession of the goods. (2) In pursuing its remedies
under subsection (1), the lessor may stop delivery until (a) receipt of the goods by the lessee;
(b) acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee
holds the goods for the lessee; or (c) such an acknowledgment to the lessee by a carrier via
reshipment or as a warehouse. (3)(a) To stop delivery, a lessor shall so notify as to enable
the bailee by reasonable diligence to prevent delivery...
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16-61E-2
Section 16-61E-2 Definitions; purchase authorization; competitive bids; applicability of public
contract laws. (a) For purposes of this chapter, the following terms shall have the following
meanings: (1) EDUCATIONAL INSTITUTION. Educational and eleemosynary institutions governed
by boards of trustees or similar governing bodies, state trade schools, state junior colleges,
state colleges, or universities under the supervision and control of the State Board of Education,
city and county boards of education, district boards of education of independent school districts,
Department of Youth Services, the Alabama Institute for Deaf and Blind, the Alabama School
of Fine Arts, and the Alabama School of Math and Science. (2) INFORMATION TECHNOLOGY. Equipment,
supplies, and other tangible personal property, software, services, or any combination of
the foregoing, used to provide data processing, networking, or communications services. (3)
JOINT PURCHASING AGREEMENT. An agreement in writing...
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34-15-11
Section 34-15-11 Special contract between hotel and guest. A hotel may require any guest, or
person proposing to become a guest, to enter into a special contract as to the duration, kind
and place of board, entertainment, or lodging to be furnished such guest and the price therefor
to be paid. If such guest refuses to enter into such contract and to accept board, entertainment,
or lodging under the terms and conditions so proposed by the hotel, the hotel may refuse to
receive or entertain such guest and because of such refusal shall not incur any liability
whatever. Such special contract must be in writing and signed by both parties, and by such
contract a hotel may vary its liability for the safety of the goods of its guests. (Code 1876,
§525; Code 1886, §1326; Code 1896, §2540; Code 1907, §4539; Code 1923, §8315; Code 1940,
T. 24, §11; Acts 1959, No. 412, p. 1046, §1.)...
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6-5-227
Section 6-5-227 Causes of action for breach of written express warranty, contract, or indemnity
against architects, engineers, and builders. Nothing contained in this article shall be construed
to bar, prior to the expiration of a written express warranty, contract, or indemnity, causes
of action or rights of action in contract against architects, engineers, and builders as defined
in this article arising out of breach of contract for written express warranties, contracts,
or indemnities which by the written terms thereof shall extend beyond the period of seven
years after the substantial completion of construction of an improvement on or to the real
property. Any written express warranty, contract, or indemnity for the purposes of an action
in contract based upon the written express warranty, contract, or indemnity shall be enforceable
for the period of time specified in writing, and all civil actions in contract arising out
of the written express warranty, contract, or indemnity...
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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.)...
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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.)...
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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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