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7-4A-210
Section 7-4A-210 Rejection of payment order. (a) A payment order is rejected by the receiving
bank by a notice of rejection transmitted to the sender orally, electronically, or in writing.
A notice of rejection need not use any particular words and is sufficient if it indicates
that the receiving bank is rejecting the order or will not execute or pay the order. Rejection
is effective when the notice is given if transmission is by a means that is reasonable in
the circumstances. If notice of rejection is given by a means that is not reasonable, rejection
is effective when the notice is received. If an agreement of the sender and receiving bank
establishes the means to be used to reject a payment order, (i) any means complying with the
agreement is reasonable, and (ii) any means not complying is not reasonable unless no significant
delay in receipt of the notice resulted from the use of the noncomplying means. (b) This subsection
applies if a receiving bank other than the beneficiary's...
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27-22-45
Section 27-22-45 Violations and penalties. The failure of an insurance company writing homeowners
personal lines residential property coverage insurance policies in this state to comply with
the material provisions of this article shall be a violation of the Unfair Trade Practices
Act as set forth in Section 27-12-1 et seq. of the Alabama Insurance Code. Violation of the
Unfair Trade Practices Act may subject the insurance company to the suspension or revocation
of the Insurer's Certificate of Authority or the imposition of an administrative fine, or
both. (Act 2012-510, p. 1521, §6.)...
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34-15-9
Section 34-15-9 Failure to comply with rules and regulations. The State Hotel Inspector, upon
ascertaining by inspection or otherwise that any hotel is being operated contrary to the rules
and regulations of the State Board of Health, shall notify the owner, manager, agent, or person
in charge of such hotel, in writing, in what respect it fails to comply with the regulations
and require such person, within a reasonable time to be fixed by the the State Hotel Inspector,
to do, or cause to be done, the things necessary to make it comply with the regulations, whereupon
such owner, manager, agent, or person in charge of such hotel shall forthwith comply with
such requirements. Any owner, manager, or person in charge of a hotel who shall willfully
fail or neglect to comply with any of the provisions of the rules and regulations of the State
Board of Health, after notice as aforesaid, shall be guilty of a misdemeanor and, upon conviction
thereof, be fined not less than $10 nor more than $50,...
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40-9A-6
Section 40-9A-6 Failure to file; filing of false or incomplete information; enforcement of
reporting requirements. (a) If any lessee which is required to file the information required
by Section 40-9A-2 fails to file either such information or a notification of inability as
described in the first sentence of subsection (b) of Section 40-9A-2 within the time frames
set forth in said subsection (b), or files false information, or files information that is
so incomplete or inaccurate that the county tax assessor is unable to determine the information
required by Section 40-9A-3 with reasonable accuracy, then such lessee shall be liable for
a penalty equal in amount to $50 for each month or part of a month during which the act or
omission subjecting the lessee to a penalty under this section occurs or continues. (b) The
Department of Revenue is authorized to enforce the reporting requirements of Section 40-9A-1
by injunctive relief in the courts of this state and shall be entitled to...
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7-2A-515
Section 7-2A-515 Acceptance of goods. (1) Acceptance of goods occurs after the lessee has had
a reasonable opportunity to inspect the goods and (a) the lessee signifies or acts with respect
to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming
or that the lessee will take or retain them in spite of their nonconformity; or (b) the lessee
fails to make an effective rejection of the goods (Section 7-2A-509(2)). (2) Acceptance of
a part of any commercial unit is acceptance of that entire unit. (Acts 1992, 2nd Ex. Sess.,
No. 92-700, p. 92, §515.)...
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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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7-2A-220
Section 7-2A-220 Effect of default on risk of loss. (1) Where risk of loss is to pass to the
lessee and the time of passage is not stated: (a) If a tender or delivery of goods so fails
to conform to the lease contract as to give a right of rejection, the risk of their loss remains
with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.
(b) If the lessee rightfully revokes acceptance, he or she, to the extent of any deficiency
in his or her effective insurance coverage, may treat the risk of loss as having remained
with the lessor from the beginning. (2) Whether or not risk of loss is to pass to the lessee,
if the lessee as to conforming goods already identified to a lease contract repudiates or
is otherwise in default under the lease contract, the lessor, or, in the case of a finance
lease, the supplier, to the extent of any deficiency in his or her effective insurance coverage
may treat the risk of loss as resting on the lessee for a commercially...
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10A-9A-2.04
Section 10A-9A-2.04 Signing and filing pursuant to judicial order. (a) If a person required
by this chapter to sign a writing or deliver a writing to the Secretary of State for filing
under this chapter does not do so, any other person that is aggrieved by that failure may
petition the designated court, and if none, the circuit court for the county in which the
limited partnership's principal office within this state is located, and if the limited partnership
does not have a principal office within this state then the circuit court for the county in
which the limited partnership's most recent registered office is located, to order: (1) the
person to sign the writing; (2) the person to deliver the writing to the Secretary of State
for filing; or (3) the Secretary of State to file the writing unsigned. (b) If a petitioner
under subsection (a) is not the limited partnership or foreign limited partnership to whom
the writing pertains, the petitioner shall make the limited partnership or...
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12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony
in any case may be in the possession of any person resident in this state who is not a party
to the case, the clerk of the court in which the case is pending shall, upon application of
the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed
to the person having such book or other document in his possession, requiring him to appear
and bring with him into court the paper desired to be used as testimony. Service shall be
by a sheriff, constable or some private person, and the official return of the sheriff or
constable or the affidavit of such private person shall be sufficient evidence that the same
was duly served; but, in all cases, the judge may require the summary production of any book
or document by subpoena duces tecum where the witness is able to...
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34-27-51
Section 34-27-51 Acts constituting violation of article - Sell, etc.; without license; failure
to provide certain documents at time of registration; failure to follow rules of advertising.
It shall be a violation of this article for any seller of vacation time-sharing plans to:
(1) Sell, lease, encumber, or convey in any manner or to solicit or advertise such transactions
unless the seller has been duly licensed under the provisions of Section 34-27-66 and unless
the vacation time-sharing plan and the units thereby affected have first been registered with
the commission. Provided, however, that the registration requirements of this article shall
not apply to nor restrict the listing and resale of any vacation time-sharing plan when: a.
The vacation time-sharing plan to be resold is within an existing time-sharing facility currently
registered with the commission pursuant to the requirements of this article; and b. The vacation
time-sharing plan to be resold is subject to the identical...
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