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41-4-110
Section 41-4-110 Established; duties; contracts for stationery, printing, paper, and fuel;
use of approved credit cards for certain purchases; State Procurement Fund. (a) There shall
be in the Department of Finance the Division of Purchasing. The functions and duties of the
Division of Purchasing shall be as follows: (1) To purchase all personal property and
nonprofessional services, except alcoholic beverages, which shall be purchased by the Alcoholic
Beverage Control Board and except as otherwise provided by law, for the state and each department,
board, bureau, commission, agency, office, and institution thereof, except as provided in
subsection (e). (2) To make and supervise the execution of all contracts and leases for the
use or acquisition of any personal property and nonprofessional services unless otherwise
provided by law. (3) To fix standards of quality and quantity and to develop standard specifications
for all personal property and nonprofessional services acquired by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-4-110.htm - 9K - Match Info - Similar pages
27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a) For the
purposes of this section, the following words have the following meanings: (1) CHIEF EXAMINER.
The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in excess of amounts due
and includes failure to meet eligibility requirements, failure to identify third party liability
where applicable, any payment for an ineligible good or service, any payment for a good or
service not received, duplicate payments, invoice and pricing errors, failure to apply discounts,
rebates, or other allowances, failure to comply with contracts or purchasing agreements, or
both, failure to provide adequate documentation or necessary signatures, or both, on documents,
or any other inadvertent error resulting in overpayment. (3) RECOVERY AUDIT. A financial management
technique used to identify overpayments made by a state agency with respect to individuals,
vendors, service providers, and other entities in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-5A-6.htm - 8K - Match Info - Similar pages
40-9B-3
23 of this title, or payments required to be made in lieu thereof, shall relieve the seller
from the obligation to collect and pay over the transaction tax as if the sale were to a person
exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE ENERGY RESOURCES.
The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION TAXES. The transaction
taxes imposed by Chapter 23 of this title, or payments required to be made in lieu thereof,
on tangible personal property and taxable services incorporated into an industrial
development property, the cost of which may be added to capital account with respect to the
property, determined without regard to any rule which permits expenditures properly chargeable
to capital account to be treated as current expenses. (4) DATA PROCESSING CENTER. An establishment
at which not less than 20 new jobs are located, the average annual total compensation, including
benefits, of such new jobs to be not less than...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-9B-3.htm - 19K - Match Info - Similar pages
25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-10.htm - 38K - Match Info - Similar pages
5-19-9
Section 5-19-9 Application of payments when buyer indebted to same seller for two or more consumer
credit sales. When the buyer is indebted to a particular seller for two or more consumer credit
sales of goods and the goods which were the subject of two or more sales secure the buyer's
total debt to the seller, the security shall be discharged by applying the buyer's payments
as they are received by the seller or the seller's assignee to the portions of the debt in
the order in which they were incurred. To the extent that debts are paid according to the
preceding sentence, security interests in items of property terminate as the debt originally
incurred with respect to each item is paid. Payments received by the seller upon a revolving
charge account are deemed, for the purpose of determining the amount of the debt secured by
the various security interests, to have been applied first to the payment of finance charges
in the order of their entry to the account and then to the payment of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-9.htm - 1K - Match Info - Similar pages
7-2-504
Section 7-2-504 Shipment by seller. Where the seller is required or authorized to send the
goods to the buyer and the contract does not require him to deliver them at a particular destination,
then unless otherwise agreed he must: (a) Put the goods in the possession of such a carrier
and make such a contract for their transportation as may be reasonable having regard to the
nature of the goods and other circumstances of the case; and (b) Obtain and promptly deliver
or tender in due form any document necessary to enable the buyer to obtain possession of the
goods or otherwise required by the agreement or by usage of trade; and (c) Promptly notify
the buyer of the shipment. Failure to notify the buyer under paragraph (c) or to make a proper
contract under paragraph (a) is a ground for rejection only if material delay or loss ensues.
(Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-504.htm - 1K - Match Info - Similar pages
7-2-704
Section 7-2-704 Seller's right to identify goods to the contract notwithstanding breach or
to salvage unfinished goods. (1) An aggrieved seller under Section 7-2-703 may: (a) Identify
to the contract conforming goods not already identified if at the time he learned of the breach
they are in his possession or control; (b) Treat as the subject of resale goods which have
demonstrably been intended for the particular contract even though those goods are unfinished.
(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial
judgment for the purposes of avoiding loss and of effective realization either complete the
manufacture and wholly identify the goods to the contract or cease manufacture and resell
for scrap or salvage value or proceed in any other reasonable manner. (Acts 1965, No. 549,
p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-704.htm - 1K - Match Info - Similar pages
7-2-310
Section 7-2-310 Open time for payment or running of credit; authority to ship under reservation.
Unless otherwise agreed: (a) Payment is due at the time and place at which the buyer is to
receive the goods even though the place of shipment is the place of delivery; and (b) If the
seller is authorized to send the goods he may ship them under reservation, and may tender
the documents of title, but the buyer may inspect the goods after their arrival before payment
is due unless such inspection is inconsistent with the terms of the contract (Section 7-2-513);
and (c) If delivery is authorized and made by way of documents of title otherwise than by
subsection (b) then payment is due regardless of where the goods are to be received (i) at
the time and place at which the buyer is to receive delivery of the tangible documents or
(ii) at the time the buyer is to receive delivery of the electronic documents and at the seller's
place of business or, if none, the seller's residence; and (d) Where...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-310.htm - 1K - Match Info - Similar pages
7-2-313
Section 7-2-313 Express warranties by affirmation, promise, description, sample. (1) Express
warranties by the seller are created as follows: (a) Any affirmation of fact or promise made
by the seller to the buyer which relates to the goods and becomes part of the basis of the
bargain creates an express warranty that the goods shall conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the bargain creates an
express warranty that the goods shall conform to the description. (c) Any sample or model
which is made part of the basis of the bargain creates an express warranty that the whole
of the goods shall conform to the sample or model. (2) It is not necessary to the creation
of an express warranty that the seller use formal words such as "warrant" or "guarantee"
or that he have a specific intention to make a warranty, but an affirmation merely of the
value of the goods or a statement purporting to be merely the seller's opinion or...
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