7-2-316
Section 7-2-316 Exclusion or modification of warranties. (1) Words or conduct relevant to the
creation of an express warranty and words or conduct tending to negate or limit warranty shall
be construed wherever reasonable as consistent with each other; but subject to the provisions
of this article on parol or extrinsic evidence (Section 7-2-202) negation or limitation is
inoperative to the extent that such construction is unreasonable. (2) Subject to subsection
(3), to exclude or modify the implied warranty of merchantability or any part of it the language
must mention merchantability and in case of a writing must be conspicuous, and to exclude
or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous.
Language to exclude all implied warranties of fitness is sufficient if it states, for example,
that "There are no warranties which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2): (a) Unless the circumstances...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-316.htm - 2K - Match Info - Similar pages

7-2A-303
Section 7-2A-303 Alienability of interests, transfer of rights, etc. (1) As used in this section,
"creation of a security interest" includes the sale of a lease contract that is
subject to Article 9A, Secured Transactions, by reason of Section 7-9A-109(a)(3). (2) Except
as provided in subsection (3) and Section 7-9A-407, a provision in a lease agreement which
(i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease,
creation, or enforcement of a security interest, or attachment, levy, or other judicial process,
of an interest of a party under the lease contract or of the lessor's residual interest in
the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and
remedies provided in subsection (4), but a transfer that is prohibited or is an event of default
under the lease agreement is otherwise effective. (3) A provision in a lease agreement which
(i) prohibits a transfer of a right to damages for default with respect to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-303.htm - 3K - Match Info - Similar pages

7-5-103
Section 7-5-103 Scope. (a) This article applies to letters of credit and to certain rights
and obligations arising out of transactions involving letters of credit. (b) The statement
of a rule in this article does not by itself require, imply, or negate application of the
same or a different rule to a situation not provided for, or to a person not specified, in
this article. (c) With the exception of this subsection, subsections (a) and (d), Sections
7-5-102(a)(9) and (10), and 7-5-114(d), and except to the extent prohibited in Sections 7-1-302
and 7-5-117(d), the effect of this article may be varied by agreement or by a provision stated
or incorporated by reference in an undertaking. A term in a letter of credit, confirmation,
advice, transfer, amendment, or cancellation generally excusing liability or generally limiting
remedies for failure to perform obligations is not sufficient to vary obligations prescribed
by this article. (d) Rights and obligations of an issuer to a beneficiary...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-5-103.htm - 1K - Match Info - Similar pages

9-16-128
Section 9-16-128 Landowners' actions; review by director; prior right of purchase; review by
court. (a) Any landowner adversely affected by the action of the director under Section 9-16-127
of this article may institute proceedings to have the action reviewed in the circuit court
in the county where the property or a part thereof affected by the action is located, provided
that such proceedings are filed in said court within 30 days following the date of such action.
The court may grant such relief as it deems necessary, including but not limited to injunctive
relief pending a hearing on the matter. (b) Any landowner who has received notice of acquisition
from the director under Section 9-16-127 of this article may, within 15 days following such
notice, make written application to the director for a review as to the actual need or advisability
for such acquisition. The director shall hear the landowner's grievance within 15 days following
the written application for a hearing and shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-128.htm - 2K - Match Info - Similar pages

30-3-162
Section 30-3-162 Applicability. (a) Except as provided otherwise by this chapter, the provisions
of this article apply to all orders determining custody of or visitation with a child whether
such order was issued before or after September 1, 2003. To the extent that a provision of
this article conflicts with an existing order determining custody of or visitation with a
child or other enforceable agreement, this article does not apply to alter or amend the terms
of such order or agreement which addresses the rights of the parties or the child with regard
to a change in the primary residence of a child. Any person entitled to the legal or physical
custody of or visitation with a child may commence an action for modification to incorporate
the provisions of this article into an existing order determining the custody of or visitation
with a child. Except as provided in subsection (c) of Section 30-3-165, this article shall
not apply to a person who is on active military service in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-162.htm - 1K - Match Info - Similar pages

41-10-425
Section 41-10-425 Powers of the authority. The authority shall have the following powers among
others specified in this article: (1) To have succession by its corporate names until dissolved
as provided in this article; (2) To institute or maintain legal proceedings in any court of
competent jurisdiction to enforce its contractual, statutory and other rights; (3) To have
and to use a corporate seal and to alter the same at pleasure; (4) To make and alter all needful
bylaws, rules and regulations for transaction of the authority's business and the control
of its property affairs; (5) The authority may, from time to time, borrow an amount not to
exceed $400,000.00, as may be needed, to acquire, hold title to real property, to prepare
and construct facilities and to sell, convey, lease, leaseback or rent and maintain that certain
property located in the City of Montgomery, Montgomery County, Alabama, which is owned by
and in the name and interest of the State of Alabama and the Real...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-425.htm - 3K - Match Info - Similar pages

7-3-418
Section 7-3-418 Payment or acceptance by mistake. (a) Except as provided in subsection (c),
if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief
that (i) payment of the draft had not been stopped pursuant to Section 7-4-403 or (ii) the
signature of the drawer of the draft was authorized, the drawee may recover the amount of
the draft from the person to whom or for whose benefit payment was made or, in the case of
acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not
affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.
(b) Except as provided in subsection (c), if an instrument has been paid or accepted by mistake
and the case is not covered by subsection (a), the person paying or accepting may, to the
extent permitted by the law governing mistake and restitution, (i) recover the payment from
the person to whom or for whose benefit payment was made or (ii) in the case of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-418.htm - 2K - Match Info - Similar pages

11-50-314
Section 11-50-314 Powers of corporation generally; provisions in mortgages, deeds of trust,
or pledge agreements executed by corporation as to rights of parties thereto, etc. (a) Each
corporation formed or the certificate of incorporation of which is amended under this article
shall have the following powers together with all powers incidental thereto or necessary to
the discharge thereof in corporate form: (1) To have succession by its corporate name for
the duration of time (which may be in perpetuity) specified in its certificate of incorporation
or until dissolved as provided in this article; (2) To sue and be sued and to defend civil
actions against it; (3) To make use of a corporate seal and to alter the same at pleasure;
(4) To acquire, purchase, construct, operate, maintain, enlarge, extend, and improve any system
or systems, the operation of which is provided for in the certificate of incorporation of
such corporation or in any amendment thereto (whether or not such system or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50-314.htm - 5K - Match Info - Similar pages

41-10-396
Section 41-10-396 Powers of authority generally. The authority shall have the following powers
among others specified in this article: (1) To have succession by its corporate names until
dissolved as provided in this article; (2) To institute legal proceedings in any court of
competent jurisdiction to enforce its contractual, statutory and other rights; provided that
the authority shall be considered an instrumentality of the State of Alabama and entitled
to the sovereign immunity of the state; provided further, that any claim, demand or action
against the authority, or any of its directors, officers, employees or agents arising out
of their official capacities, shall be presented to the Board of Adjustment, which shall have
exclusive jurisdiction of any such claim, demand or action; (3) To have and to use a corporate
seal and to alter the same at pleasure; (4) To make and alter all needful bylaws, rules and
regulations for the transaction of the authority's business and the control of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-396.htm - 3K - Match Info - Similar pages

7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer in ordinary course of business" means a person who
in good faith and without knowledge that the sale to him or her is in violation of the ownership
rights or security interest or leasehold interest of a third party in the goods, buys in ordinary
course from a person in the business of selling goods of that kind but does not include a
pawnbroker. "Buying" may be for cash or by exchange of other property or on secured
or unsecured credit and includes receiving goods or documents of title under a pre-existing
contract for sale but does not include a transfer in bulk or as security for or in total or
partial satisfaction of a money debt. (b) "Cancellation" occurs when either party
puts an end to the lease contract for default by the other party. (c) "Commercial unit"
means such a unit of goods as by commercial usage is a single whole for purposes of lease
and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-103.htm - 10K - Match Info - Similar pages