Code of Alabama

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7-2A-501
Section 7-2A-501 Default: Procedure. (1) Whether the lessor or the lessee is in default under
a lease contract is determined by the lease agreement and this article. (2) If the lessor
or the lessee is in default under the lease contract, the party seeking enforcement has rights
and remedies as provided in this article and, except as limited by this article, as provided
in the lease agreement. (3) If the lessor or the lessee is in default under the lease contract,
the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce
the lease contract by self-help or any available judicial procedure or nonjudicial procedure,
including administrative proceeding, arbitration, or the like, in accordance with this article.
(4) Except as otherwise provided in Section 7-1-305(a), or this article or the lease agreement,
the rights and remedies referred to in subsections (2) and (3) are cumulative. (5) If the
lease agreement covers both real property and goods, the party...
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7-2A-506
Section 7-2A-506 Statute of limitations. (1) An action for default under a lease contract,
including breach of warranty or indemnity, must be commenced within 4 years after the cause
of action accrued. By the original lease contract the parties may reduce the period of limitation
to not less than one year. (2) A cause of action for default accrues when the act or omission
on which the default or breach of warranty is based is or should have been discovered by the
aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity
accrues (a) in the case of an indemnity against liability, when the act or omission on which
the claim for indemnity is based is or should have been discovered by the indemnified party,
or when the default occurs, whichever is later, (b) in the case of an indemnity against loss
or damage, when the person indemnified makes payment thereof. A cause of action for damages
for injury to the person in the case of consumer goods accrues...
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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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7-2A-306
Section 7-2A-306 Priority of certain liens arising by operation of law. If a person in the
ordinary course of his or her business furnishes services or materials with respect to goods
subject to a lease contract, a lien upon those goods in the possession of that person given
by statute or rule of law for those materials or services takes priority over any interest
of the lessor or lessee under the lease contract or this article unless the lien is created
by statute and the statute provides otherwise or unless the lien is created by rule of law
and the rule of law provides otherwise. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §306.)...

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7-2A-509
Section 7-2A-509 Lessee's rights on improper delivery; rightful rejection. (1) Subject to the
provisions of Section 7-2A-510 on default in installment lease contracts, if the goods or
the tender or delivery fail in any respect to conform to the lease contract, the lessee may
reject or accept the goods or accept any commercial unit or units and reject the rest of the
goods. (2) Rejection of goods is ineffective unless it is within a reasonable time after tender
or delivery of the goods and the lessee seasonably notifies the lessor. (Acts 1992, 2nd Ex.
Sess., No. 92-700, p. 92, §509.)...
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41-16A-3
Section 41-16A-3 Definitions. For the purposes of this chapter, the following terms shall have
the respective meanings provided by this section: (a) ALTERNATIVE FINANCING CONTRACT. A lease,
lease-purchase, lease with option to purchase, installment-sale agreement or arrangement,
or other similar agreement or arrangement. (b) GOVERNMENTAL ENTITY. The state; any political
subdivision of the state; any agency, board, commission, or department of the state; any county;
any municipal corporation; any county board of education; any city board of education; any
instrumentality of any of the foregoing; the State Board of Education, acting for the respective
educational institutions under its supervision; each public corporation that conducts one
or more state educational institutions under its supervision; and any public corporation arising
under or organized pursuant to any statute of the state. (c) GRANTOR PARTY. The lessor under
a lease or lease-purchase contract, grantor under an...
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5-19-32
Section 5-19-32 Service contracts. Any creditor who extends credit with respect to a consumer
credit sale, may sell or finance, or both, a service contract covering tangible goods which
are the subject of the consumer credit sale. Any other person who was not the creditor with
regard to the initial sale of the tangible goods also may sell or finance, or both, a service
contract covering the tangible goods. A "service contract" as used in this section
is an agreement, for a separately stated consideration, of the service contract offeror to
correct, repair, or replace, or to pay for the correction, repair, maintenance, or replacement
of tangible goods during the period covered by the service contract, with or without additional
provisions for payment of or indemnity under limited circumstances for related expenses including,
without limitation, for towing, rental, and emergency road service, whether called a service
contract, extended warranty or otherwise. The service contract offeror...
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7-2A-520
Section 7-2A-520 Lessee's incidental and consequential damages. (1) Incidental damages resulting
from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation,
and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably
revoked, any commercially reasonable charges, expenses or commissions in connection with effecting
cover, and any other reasonable expense incident to the default. (2) Consequential damages
resulting from a lessor's default include: (a) any loss resulting from general or particular
requirements and needs of which the lessor at the time of contracting had reason to know and
which could not reasonably be prevented by cover or otherwise; and (b) injury to person or
property proximately resulting from any breach of warranty. (Acts 1992, 2nd Ex. Sess., No.
92-700, p. 92, §520.)...
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7-2A-526
Section 7-2A-526 Lessor's stoppage of delivery in transit or otherwise. (1) A lessor may stop
delivery of goods in the possession of a carrier or other bailee if the lessor discovers the
lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments
of express or freight if the lessee repudiates or fails to make a payment due before delivery,
whether for rent, security or otherwise under the lease contract, or for any other reason
the lessor has a right to withhold or take possession of the goods. (2) In pursuing its remedies
under subsection (1), the lessor may stop delivery until (a) receipt of the goods by the lessee;
(b) acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee
holds the goods for the lessee; or (c) such an acknowledgment to the lessee by a carrier via
reshipment or as a warehouse. (3)(a) To stop delivery, a lessor shall so notify as to enable
the bailee by reasonable diligence to prevent delivery...
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7-9A-407
Section 7-9A-407 Restrictions on creation or enforcement of security interest in leasehold
interest or in lessor's residual interest. (a) Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (b), a term in a lease agreement is ineffective
to the extent that it: (1) prohibits, restricts, or requires the consent of a party to the
lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement
of a security interest in, an interest of a party under the lease contract or in the lessor's
residual interest in the goods; or (2) provides that the assignment or transfer or the creation,
attachment, perfection, or enforcement of the security interest may give rise to a default,
breach, right of recoupment, claim, defense, termination, right of termination, or remedy
under the lease. (b) Effectiveness of certain terms. Except as otherwise provided in Section
7-2A-303(7), a term described in subsection (a)(2) is effective to...
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