7-2A-211
Section 7-2A-211 Warranties against interference and against infringement; lessee's obligation
against infringement. (1) There is in a lease contract a warranty that for the lease term
no person holds a claim to or interest in the goods that arose from an act or omission of
the lessor, other than a claim by way of infringement or the like, which will interfere with
the lessee's enjoyment of its leasehold interest. (2) Except in a finance lease there is in
a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty
that the goods are delivered free of the rightful claim of any person by way of infringement
or the like. (3) A lessee who furnishes specifications to a lessor or a supplier shall hold
the lessor and the supplier harmless against any claim by way of infringement or the like
that arises out of compliance with the specifications. (Acts 1992, 2nd Ex. Sess., No. 92-700,
p. 92, §211.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-211.htm - 1K - Match Info - Similar pages

7-2-317
Section 7-2-317 Cumulation and conflict of warranties express or implied. Warranties whether
express or implied shall be construed as consistent with each other and as cumulative, but
if such construction is unreasonable the intention of the parties shall determine which warranty
is dominant. In ascertaining that intention the following rules apply: (a) Exact or technical
specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general language of description.
(c) Express warranties displace inconsistent implied warranties other than an implied warranty
of fitness for a particular purpose. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-317.htm - 1K - Match Info - Similar pages

7-2A-215
Section 7-2A-215 Cumulation and conflict of warranties express or implied. Warranties, whether
express or implied, must be construed as consistent with each other and as cumulative, but
if that construction is unreasonable, the intention of the parties determines which warranty
is dominant. In ascertaining that intention the following rules apply: (a) Exact or technical
specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general language of description.
(c) Express warranties displace inconsistent implied warranties other than an implied warranty
of fitness for a particular purpose. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §215.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-215.htm - 1K - Match Info - Similar pages

7-2-314
Section 7-2-314 Implied warranty: Merchantability; usage of trade; human blood and tissues.
(1) Unless excluded or modified (Section 7-2-316), a warranty that the goods shall be merchantable
is implied in a contract for their sale if the seller is a merchant with respect to goods
of that kind. Under this section the serving for value of food or drink to be consumed either
on the premises or elsewhere is a sale. (2) Goods to be merchantable must be at least such
as: (a) Pass without objection in the trade under the contract description; and (b) In the
case of fungible goods, are of fair average quality within the description; and (c) Are fit
for the ordinary purposes for which such goods are used; and (d) Run, within the variations
permitted by the agreement, of even kind, quality and quantity within each unit and among
all units involved; and (e) Are adequately contained, packaged, and labeled as the agreement
may require; and (f) Conform to the promises or affirmations of fact made on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-314.htm - 2K - Match Info - Similar pages

7-2A-209
Section 7-2A-209 Lessee under finance lease as beneficiary of supply contract. (1) The benefit
of a supplier's promises to the lessor under the supply contract and of all warranties, whether
express or implied, including those of any third party provided in connection with or as part
of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest
under a finance lease related to the supply contract, but is subject to the terms of the warranty
and of the supply contract and all defenses or claims arising therefrom. (2) The extension
of the benefit of a supplier's promises and of warranties to the lessee (Section 7-2A-209(1))
does not: (i) modify the rights and obligations of the parties to the supply contract, whether
arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract
on the lessee. (3) Any modification or rescission of the supply contract by the supplier and
the lessor is effective between the supplier and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-209.htm - 2K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-516.htm - 3K - Match Info - Similar pages

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-309
Section 7-2A-309 Lessor's and lessee's rights when goods become fixtures. (1) In this section:
(a) goods are "fixtures" when they become so related to particular real estate that
an interest in them arises under real estate law; (b) a "fixture filing" is the
filing, in the office where a record of a mortgage on the real estate would be filed or recorded,
of a financing statement covering goods that are or are to become fixtures and conforming
to the requirements of Section 7-9A-502(a) and (b); (c) a lease is a "purchase money
lease" unless the lessee has possession or use of the goods or the right to possession
or use of the goods before the lease agreement is enforceable; (d) a mortgage is a "construction
mortgage" to the extent it secures an obligation incurred for the construction of an
improvement on land including the acquisition cost of the land, if the recorded writing so
indicates; and (e) "encumbrance" includes real estate mortgages and other liens
on real estate and all other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-309.htm - 6K - Match Info - Similar pages

7-2A-218
Section 7-2A-218 Insurance and proceeds. (1) A lessee obtains an insurable interest when existing
goods are identified to the lease contract even though the goods identified are nonconforming
and the lessee has an option to reject them. (2) If a lessee has an insurable interest only
by reason of the lessor's identification of the goods, the lessor, until the lessor's default
or insolvency or notification to the lessee that identification is final, may substitute other
goods for those identified. (3) Notwithstanding a lessee's insurable interest under subsections
(1) and (2), the lessor retains an insurable interest until an option to buy has been exercised
by the lessee and risk of loss has passed to the lessee. For this purpose the option to buy
shall be deemed to have been exercised by the lessee when the resulting sale is closed, not
when the lessee gives notice to the lessor of the lessee's intention to exercise the option.
(4) Nothing in this section impairs any insurable interest...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-218.htm - 1K - Match Info - Similar pages

7-2A-219
Section 7-2A-219 Risk of loss. (1) Except in the case of a finance lease, risk of loss is retained
by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss
passes to the lessee. (2) Subject to the provisions of this article on the effect of default
on risk of loss (Section 7-2A-220), if risk of loss is to pass to the lessee and the time
of passage is not stated, the following rules apply: (a) If the lease contract requires or
authorizes the goods to be shipped by carrier (i) and it does not require delivery at a particular
destination, the risk of loss passes to the lessee when the goods are duly delivered to the
carrier; but (ii) if it does require delivery at a particular destination and the goods are
there duly tendered while in the possession of the carrier, the risk of loss passes to the
lessee when the goods are there duly so tendered as to enable the lessee to take delivery.
(b) If the goods are held by a bailee to be delivered without being...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-219.htm - 1K - Match Info - Similar pages