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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7-2A-517
Section 7-2A-517 Revocation of acceptance of goods. (1) A lessee may revoke acceptance of a
lot or commercial unit whose nonconformity substantially impairs its value to the lessee if
the lessee has accepted it: (a) Except in the case of a finance lease, on the reasonable assumption
that its nonconformity would be cured and it has not been seasonably cured; or (b) Without
discovery of the nonconformity if the lessee's acceptance was reasonably induced either by
the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery
before acceptance. (2) Except in the case of a finance lease that is not a consumer lease,
a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the
lease contract and the default substantially impairs the value of that lot or commercial unit
to the lessee. (3) If the lease agreement so provides, the lessee may revoke acceptance of
a lot or commercial unit because of other defaults by the lessor....
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8-21B-11
Section 8-21B-11 Indemnification. Each supplier shall indemnify and hold harmless its dealers
against any damages, expenses, and losses including, but not limited to, court costs and reasonable
attorneys' fees incurred by the dealer arising out of complaints, claims, or lawsuits including,
but not limited to, strict liability, negligence, misrepresentation, warranty, express or
implied, or rescission of the sale where the complaint, claim, or lawsuit relates to either
of the following: (1) The manufacture, assembly, or design of heavy equipment, parts, or accessories
by the supplier. (2) Other functions by the supplier beyond the control of the dealer including,
without limitation, the selection by the supplier of parts or components for the heavy equipment.
(Act 2009-755, p. 2279, §11.)...
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2-29-7
Section 2-29-7 Maintenance of records by commission merchants as to handling, storage or sale
of farm products. It shall be the duty of every commission merchant upon receipt of any farm
products for sale on commission to make and keep a correct record thereof, showing in detail
the following with reference to the handling, sale or storage of any such farm products: the
name and address of the consignor, the date received, the grade, quantity and condition when
received, the amounts sold, the date of each sale, the price for which sold, itemized statement
of the expenses connected with or incurred in making sale and to whom sold, including the
complete name and address. A copy of such record and account of sale of such farm products,
together with remittance in full of the amount realized by such sale, less expenses and commission,
shall be mailed to the consignor within 48 hours after the consummation of and in no case
shall such remittance be delayed for a longer period than seven...
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28-9-6
Section 28-9-6 Amendment, cancellation, etc., of agreements; proof of good faith; notice; good
cause. (a) Notwithstanding any agreement and except as otherwise provided for in this chapter,
a supplier shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement;
or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the
supplier has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c) of this section. (2) Has acted in good faith. (3) Has good cause for the
amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced
resignation. (b) For each amendment, modification, termination, cancellation, nonrenewal,
or discontinuance, the supplier shall have the burden of proving that it has acted in good
faith, that the notice requirements under this section have been complied with, and that there
was good cause for the amendment, modification, termination,...
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45-49-85.40
Section 45-49-85.40 Administration expenses. The Mobile County Commission may appropriate funds
from the county general fund in the annual budget of the judge of probate for expenditures
by the judge of probate for reasonable and necessary miscellaneous expenses incurred in the
discharge of the duties of the office of the judge of probate including, but not limited to,
all of the following: (a) Training and educational expenses for the judge of probate and employees
in the office of the judge of probate. (b) Membership in professional legal associations and
attendance and participation at meetings and other events sponsored by professional legal
associations, including lodging, travel, and meal expenses, as determined appropriate and
reasonable by the judge of probate, in his or her sole discretion. (c) Other expenses incurred
by the judge of probate and employees in the office of the judge of probate in the discharge
of the duties of the office, as found proper by the judge of probate...
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8-25-3
Section 8-25-3 Prohibited provisions. A rental-purchase agreement shall not contain a provision:
(1) Requiring a confession of judgment; (2) Authorizing a merchant or agent of the merchant
to commit a breach of the peace while repossessing merchandise; (3) Waiving a defense, counterclaim,
or right the consumer may have against the merchant or an agent of the merchant; or (4) Requiring
the purchase of insurance or waiver of liability from the merchant to cover the merchandise;
provided, however, that the lessor may offer to the lessee any such insurance or waiver of
liability if it is clearly and conspicuously disclosed on the face of the insurance or waiver
of liability agreement, in print not less than eight-point bold face type, that the purchase
of any such insurance or waiver of liability by the lessee from the lessor is optional. The
charge for any insurance or waiver of liability shall not exceed 15 percent of the rental
payment. (Acts 1986, No. 86-497, p. 945, §3; Acts 1991,...
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8-1-63
Section 8-1-63 When lessor may reclaim before end of term. The lessor of a thing may terminate
the hiring and reclaim the thing before the end of the term agreed upon: (1) When the lessee
uses or permits a use of the thing hired in a manner contrary to the agreement of the parties;
or (2) When the lessee does not, within a reasonable time, after request, make such repair
as he is bound to make. (Code 1923, §6274; Code 1940, T. 9, §8.)...
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8-21B-4
Section 8-21B-4 Amendment, termination, etc., of dealer agreement - Good cause required. (a)
Notwithstanding the terms, provisions, or conditions of any agreement or dealer agreement,
no supplier shall unilaterally amend, terminate, or refuse to renew any dealer agreement,
or unilaterally cause a dealer to resign from a dealer agreement, unless the supplier has
first complied with this chapter and good cause exists for amendment, termination, nonrenewal,
or causing of resignation. The term good cause shall not include the sale or purchase of a
supplier. The term good cause shall be limited to withdrawal by the supplier, its successors,
and assigns of the sale of its products in Alabama or dealer performance deficiencies including,
but not limited to, failure by the dealer to comply substantially, without reasonable cause,
with any reasonable and material requirement imposed upon such dealer in writing by the supplier,
including, but not limited to, a substantial failure by a dealer to...
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10A-1-6.24
Section 10A-1-6.24 Advancement of expenses. (a) An enterprise may pay or reimburse reasonable
expenses incurred by a governing person, former governing person, or delegate that was, is,
or is threatened to be made a respondent in a proceeding in advance of the final disposition
of the proceeding without making the determinations required under Section 10A-1-6.21(a) after
the enterprise receives: (1) written affirmation by the person of the person's good faith
belief that the person has met the standard of conduct necessary for indemnification under
this article; and (2) written undertaking by or on behalf of the person to repay the amount
paid or reimbursed if the final determination is that the person has not met that standard
or that indemnification is prohibited by Section 10A-1-6.22. (b) A provision in the governing
documents of the enterprise, a resolution of the owners, members, or governing authority,
or an agreement that requires the payment or reimbursement permitted under...
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