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7-2A-514
Section 7-2A-514 Waiver of lessee's objections. (1) In rejecting goods, a lessee's failure
to state a particular defect that is ascertainable by reasonable inspection precludes the
lessee from relying on the defect to justify rejection or to establish default: (a) if, stated
seasonably, the lessor or the supplier could have cured it (Section 7-2A-513); or (b) between
merchants if the lessor or the supplier after rejection has made a request in writing for
a full and final written statement of all defects on which the lessee proposes to rely. (2)
A lessee's failure to reserve rights when paying rent or other consideration against documents
precludes recovery of the payment for defects apparent in the documents. (Acts 1992, 2nd Ex.
Sess., No. 92-700, p. 92, §514; Act 2004-315, p. 464, §2.)...
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7-2-605
Section 7-2-605 Waiver of buyer's objections by failure to particularize. (1) The buyer's failure
to state in connection with rejection a particular defect which is ascertainable by reasonable
inspection precludes him from relying on the unstated defect to justify rejection or to establish
breach: (a) Where the seller could have cured it if stated seasonably; or (b) Between merchants
when the seller has after rejection made a request in writing for a full and final written
statement of all defects on which the buyer proposes to rely. (2) Payment against documents
made without reservation of rights precludes recovery of the payment for defects apparent
in the documents. (Acts 1965, No. 549, p. 811; Act 2004-315, p. 464, §2.)...
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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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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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10A-5A-2.05
Section 10A-5A-2.05 Execution of documents - Unsigned documents. (a) If a person required by
this chapter to sign a writing or deliver a writing to a filing officer 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 liability
company's principal office within this state is located, and if the limited liability company
does not have a principal office within this state then the circuit court for the county in
which the limited liability company'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 filing officer
for filing; or (3) the filing officer to file the writing unsigned. (b) If a petitioner under
subsection (a) is not the limited liability company or foreign limited liability company to
whom the writing pertains, the petitioner shall make the limited...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may on its
own, or on the verified complaint in writing of any person, investigate the actions and records
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
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41-10-37
Section 41-10-37 Allocation procedure. Allocations of the state ceiling shall be granted by
the authority in response to applications filed with the authority by any issuer in the following
manner: (1) Each application shall be made by an instrument in writing signed by an officer
or agent of the issuer and shall contain (i) the names and addresses of the issuer, the proposed
lessee, purchaser or user of the project to be financed (if applicable), and bond counsel,
(ii) the maximum principal amount of affected bonds proposed to be issued, (iii) a brief description
of the project to be financed, and (iv) a brief description of the affected bonds proposed
to be issued, identifying such bonds as "Exempt Facility Bonds," "Qualified
Mortgage Bonds", "Qualified Small Issue Bonds" (and if "Qualified Small
Issue Bonds," further indicating whether the project to be financed constitutes a "Manufacturing
Facility"), "Qualified Student Loan Bonds," or "Qualified Redevelopment
Bonds." In addition,...
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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...
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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...
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