7-2A-213
Section 7-2A-213 Implied warranty of fitness for particular purpose. Except in a finance
lease, if the lessor at the time the lease contract is made has reason to know of any particular
purpose for which the goods are required and that the lessee is relying on the lessor's skill
or judgment to select or furnish suitable goods, there is in the lease contract an implied
warranty that the goods will be fit for that purpose. (Acts 1992, 2nd Ex. Sess., No. 92-700,
p. 92, §213.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-213.htm - 785 bytes - Match Info - Similar pages

7-2A-214
Section 7-2A-214 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 a warranty
must be construed wherever reasonable as consistent with each other; but, subject to the provisions
of Section 7-2A-202 on parol or extrinsic evidence, negation or limitation is inoperative
to the extent that the construction is unreasonable. (2) Subject to subsection (3): (a) to
exclude or modify the implied warranty of "merchantability," or any part of it the
language must mention merchantability, be by a writing, and be conspicuous. Language to exclude
the implied warranty of merchantability is sufficient if it is in writing, is conspicuous
and states, for example, "There is no warranty that the goods will be merchantable."
(b) to exclude or modify any implied warranty of fitness the exclusion must be by a writing
and be conspicuous. Language to exclude all implied warranties of fitness is sufficient...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-214.htm - 2K - Match Info - Similar pages

7-2-315
Section 7-2-315 Implied warranty: Fitness for particular purpose. Where the seller at
the time of contracting has reason to know any particular purpose for which the goods are
required and that the buyer is relying on the seller's skill or judgment to select or furnish
suitable goods, there is unless excluded or modified under Section 7-2-316 an implied
warranty that the goods shall be fit for such purpose. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-315.htm - 742 bytes - Match Info - Similar pages

7-2A-212
Section 7-2A-212 Implied warranty of merchantability. (1) Except in a finance lease,
a warranty that the goods will be merchantable is implied in a lease contract if the lessor
is a merchant with respect to goods of that kind. (2) Goods to be merchantable must be at
least such as (a) pass without objection in the trade under the description in the lease agreement;
(b) in the case of fungible goods, are of fair average quality within the description; (c)
are fit for the ordinary purposes for which goods of that type are used; (d) run, within the
variation permitted by the lease agreement, of even kind, quality, and quantity within each
unit and among all units involved; (e) are adequately contained, packaged, and labeled as
the lease agreement may require; and (f) conform to any promises or affirmations of fact made
on the container or label. (3) Other implied warranties may arise from course of dealing or
usage of trade. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §212.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-212.htm - 1K - Match Info - Similar pages

7-2A-508
Section 7-2A-508 Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity
to the lease contract (Section 7-2A-509) or repudiates the lease contract (Section
7-2A-402), or a lessee rightfully rejects the goods (Section 7-2A-509) or justifiably
revokes acceptance of the goods (Section 7-2A-517), then with respect to any goods
involved, and with respect to all of the goods if under an installment lease contract the
value of the whole lease contract is substantially impaired (Section 7-2A-510), the
lessor is in default under the lease contract and the lessee may: (a) cancel the lease contract
(Section 7-2A-505(1)); (b) recover so much of the rent and security as has been paid
and is just under the circumstances; (c) cover and recover damages as to all goods affected
whether or not they have been identified to the lease contract (Sections 7-2A-518 and 7-2A-520),
or recover damages for nondelivery (Sections 7-2A-519 and 7-2A-520); (d) exercise any other
rights or pursue...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-508.htm - 2K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-103.htm - 10K - Match Info - Similar pages

7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person
engaged in the business of banking and includes a savings bank, savings and loan association,
credit union, and trust company. (5) "Bearer" means a person in possession of a
negotiable instrument, document of title, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-1-201.htm - 11K - Match Info - Similar pages

7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In
this article: (1) "Accession" means goods that are physically united with other
goods in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-102.htm - 29K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages

7-2A-524
Section 7-2A-524 Lessor's right to identify goods to lease contract. (1) A lessor aggrieved
under Section 7-2A-523(1) may: (a) identify to the lease contract conforming goods
not already identified if at the time the lessor learned of the default they were in the lessor's
or the supplier's possession or control; and (b) dispose of goods (Section 7-2A-527(1))
that demonstrably have been intended for the particular lease contract even though those goods
are unfinished. (2) If the goods are unfinished, in the exercise of reasonable commercial
judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor
or the supplier may either complete manufacture and wholly identify the goods to the lease
contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap
or salvage value or proceed in any other reasonable manner. (Acts 1992, 2nd Ex. Sess., No.
92-700, p. 92, §524.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-524.htm - 1K - Match Info - Similar pages