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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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7-2-718
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...
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7-9A-320
Section 7-9A-320 Buyer of goods; Alabama Farmers Credit Protection Fund. (a) Buyer in ordinary
course of business. Except as otherwise provided in subsection (e), a buyer in ordinary course
of business, other than a person buying farm products from a person engaged in farming operations,
takes free of a security interest created by the buyer's seller, even if the security interest
is perfected and the buyer knows of its existence. (b) Buyer of consumer goods. Except as
otherwise provided in subsection (e), a buyer of goods from a person who used or bought the
goods for use primarily for personal, family, or household purposes takes free of a security
interest, even if perfected, if the buyer buys: (1) without knowledge of the security interest;
(2) for value; (3) primarily for the buyer's personal, family, or household purposes; and
(4) before the filing of a financing statement covering the goods. (c) Effectiveness of filing
for subsection (b). To the extent that it affects the...
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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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34-27-59
Section 34-27-59 Acts constituting violation of article - Failure to disclose total financial
obligation, etc., in contract. It shall be a violation of this section for any seller of vacation
time-sharing plans to fail to fully disclose in the contract in boldface type of a size no
smaller than any other type used in the body of the contract to purchaser: (1) The total financial
obligation of the purchaser, which shall include the initial purchase price and any additional
charges to which the purchaser may be subject. (2) Any individual or business entity which
has or may have the right to alter, amend, or add to charges to which the purchaser may be
subject and the terms and conditions under which such charges may be imposed. (3) The nature
and duration of each agreement between the business offering the vacation time-sharing plans
for sale and the individual or business entity managing the accommodations or other facilities.
(4) In immediate proximity to the space reserved in the...
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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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34-27-60
Section 34-27-60 Acts constituting violation of article - Misrepresentation; waiver of rights
of purchasers; sale, etc., without license; bad checks. It shall be a violation of this article
for any seller of vacation time-sharing plans to: (1) Use any promotional device, including
but not limited to sweepstakes, lodging certificates, gift awards, premiums, or discounts,
without fully disclosing that such promotional devices are being used for the purpose of soliciting
the sale of vacation time-sharing plans and without fully disclosing the fair market value
of each award or prize offered and the approximate odds of receiving each award or prize offered.
(2) Use any promotional device as set forth above to obtain the names and addresses of prospective
purchasers without fully and prominently disclosing that names and addresses so acquired will
be used for the purpose of soliciting the sale of the vacation time-sharing plans. (3) Misrepresent
the amount of time or period of time the...
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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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2-8-281
Section 2-8-281 Collection of assessments; deductions for expenses. In the event the required
number of catfish producers approve by a referendum as provided in this article the levying
of an assessment upon the sale of catfish feed for a promotional program, the Commissioner
of Agriculture and Industries shall within 30 days, notify in writing every person licensed
to sell or distribute catfish feed under authority of Section 2-21-19, that on or after the
date designated in the notice, which shall be not less than 30 nor more than 60 days after
the mailing of the notice by the Commissioner of Agriculture and Industries, the amount of
the assessment shall be levied on the sale of catfish feed by all distributors of catfish
feed or by their agents or representatives from the purchase price paid to the seller of the
feed where the feed is purchased within the state. All assessments so levied shall be remitted
to the Commissioner of Agriculture and Industries not later than the last day...
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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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