37-4-30
Section 37-4-30 Obtaining electric service under a private contract; definitions. (a) No existing
electric customer shall obtain electric service under a private contract for electric service
without first giving written notice to the utility currently providing it retail electric
service at least 45 days prior to the date on which the private contract for electric service
is to become effective. In the event any utility currently providing service to the existing
electric customer determines that it or its other electric customers will be adversely affected
by the loss of the existing electric customer due to the private contract for electric service,
it may, within 45 days of the date of the existing electric customer's written notice of a
private contract for electric service, file a petition for review of the private contract
for electric service as set forth below and service under such contract shall not be initiated
until 45 days after such review has been completed and an order...
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28-4-91
Section 28-4-91 Forfeiture of rights of lessee under lease or rent contract. The unlawful manufacture,
sale, keeping for sale, giving away or otherwise disposing of any prohibited liquors or beverages
contrary to the law of the state or the carrying on of the business of a retail or wholesale
dealer in liquors or retail or wholesale dealer in malt liquors or the business of a brewer,
distiller or rectifier of spirits shall, at the option of the landlord or lessor, work a forfeiture
of all the rights of any lessee or tenant under any lease or contract of rent of the premises
where such unlawful act is performed or such unlawful business is conducted by the lessee
or tenant or by any agent, servant, clerk or employee of the lessee or tenant with the latter's
knowledge or permission. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4684;
Code 1940, T. 29, §154.)...
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7-2A-307
Section 7-2A-307 Priority over lease contract. (1) Except as otherwise provided in Section
7-2A-306, a creditor of a lessee takes subject to the lease contract. (2) Except as otherwise
provided in subsection (3) and in Sections 7-2A-306 and 7-2A-308, a creditor of a lessor takes
subject to the lease contract unless the creditor holds a lien that attached to the goods
before the lease contract became enforceable. (3) Except as otherwise provided in Sections
7-9A-317, 7-9A-321, and 7-9A-323, a lessee takes a leasehold interest subject to a security
interest held by a creditor of the lessor. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §307;
Act 2001-481, p. 647, §2.)...
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7-2A-524
Section 7-2A-524 Lessor's right to identify goods to lease contract. (1) A lessor aggrieved
under Section 7-2A-523(1) may: (a) identify to the lease contract conforming goods not already
identified if at the time the lessor learned of the default they were in the lessor's or the
supplier's possession or control; and (b) dispose of goods (Section 7-2A-527(1)) that demonstrably
have been intended for the particular lease contract even though those goods are unfinished.
(2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the
purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier
may either complete manufacture and wholly identify the goods to the lease contract or cease
manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value
or proceed in any other reasonable manner. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §524.)...

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7-2A-217
Section 7-2A-217 Identification. Identification of goods as goods to which a lease contract
refers may be made at any time and in any manner explicitly agreed to by the parties. In the
absence of explicit agreement, identification occurs: (a) when the lease contract is made
if the lease contract is for a lease of goods that are existing and identified; (b) when the
goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease
contract refers, if the lease contract is for a lease of goods that are not existing and identified;
or (c) when the young are conceived, if the lease contract is for a lease of unborn young
of animals. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §217.)...
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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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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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7-2-613
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-516
Section 7-2A-516 Effect of acceptance of goods; notice of default; burden of establishing default
after acceptance; notice of claim or litigation to person answerable over. (1) A lessee must
pay rent for any goods accepted in accordance with the lease contract, with due allowance
for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes
rejection of the goods accepted. In the case of a finance lease, other than a consumer lease
in which the supplier assisted in the preparation of the lease contract or participated in
negotiating the terms of the lease contract with the lessor, if made with knowledge of a nonconformity,
acceptance cannot be revoked because of it. In any other case, if made with knowledge of a
nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the
reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not
of itself impair any other remedy provided by this article or...
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7-2A-510
Section 7-2A-510 Installment lease contracts: Rejection and default. (1) Under an installment
lease contract a lessee may reject any delivery that is nonconforming if the nonconformity
substantially impairs the value of that delivery and cannot be cured or the nonconformity
is a defect in the required documents; but if the nonconformity does not fall within subsection
(2) and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept
that delivery. (2) Whenever nonconformity or default with respect to one or more deliveries
substantially impairs the value of the installment lease contract as a whole there is a default
with respect to the whole. But, the aggrieved party reinstates the installment lease contract
as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying
of cancellation or brings an action with respect only to past deliveries or demands performance
as to future deliveries. (Acts 1992, 2nd Ex. Sess., No....
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