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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.)...
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35-8A-401
Section 35-8A-401 Applicability; waiver. (a) This article applies to all units subject to this
chapter, except as provided in subsection (b) or as modified or waived in writing by agreement
of purchasers of units in a condominium in which all units are restricted to nonresidential
use. (b) Neither an offering statement nor a resale certificate need be prepared or delivered
in the case of: (1) A gratuitous disposition of a unit; (2) A transfer pursuant to court order;
(3) A disposition by a government or governmental agency; (4) A transfer by foreclosure or
disposition by deed in lieu of foreclosure; (5) A disposition to a person in the business
of selling real estate who intends to offer those units to purchasers where the responsibility
for preparing and delivering the offering statement has been transferred to the person pursuant
to subsection (b) of Section 35-8A-402; (6) A disposition that may be canceled at any time
and for any reason by the purchaser without penalty; or (7) A...
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6-5-521
Section 6-5-521 "Product liability action" defined. (a) A "product liability
action" means any action brought by a natural person for personal injury, death, or property
damage caused by the manufacture, construction, design, formula, preparation, assembly, installation,
testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product
when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation,
(3) the manufacturer's liability doctrine, (4) the Alabama extended manufacturer's liability
doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty,
or (6) breach of any oral express warranty and no other. A product liability action does not
include an action for contribution or indemnity. (b) No product liability action may be asserted
or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer,
or seller of a product, or against an individual or business entity...
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10A-1-6.32
Section 10A-1-6.32 Reports of indemnification and advances. (a) An enterprise shall report
in writing to the owners or members of the enterprise an indemnification of or advance of
expenses to a governing person. (b) Subject to subsection (c), the report must be made with
or before the notice or waiver of notice of the next meeting of the owners or members of the
enterprise and before the next submission to the owners or members of a consent to action
without a meeting. (c) A report required by this section must be made not later than the first
anniversary of the date of the indemnification or advance. (Act 2009-513, p. 967, §54.)...
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40-3-2
Section 40-3-2 Selection of members; terms of office. (a) This subsection shall apply to every
county in the state except a county subject to the provisions of subsection (b) of this section.
During the month of August, 1943, and during the month of August of each fourth year thereafter,
the county commission of each county, the county board of education and the governing body
of the largest municipality in each county shall each submit in writing to the state Commissioner
of Revenue the names of three persons, and the governing body of each other incorporated municipality
within the county shall, in like manner, submit the name of one person, all of whom are residents
of the county, who are each owners of taxable property which is located within this state,
who are each qualified electors in said county and who are, in the opinion of said nominating
body, persons competent to serve as members of the county board of equalization. In those
counties where there is no incorporated...
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6-5-501
Section 6-5-501 Definitions. The following definitions are applicable in this division: (1)
ORIGINAL SELLER. Any person, firm, corporation, association, partnership, or other legal or
business entity, which in the course of business or as an incident to business, sells or otherwise
distributes a manufactured product (a) prior to or (b) at the time the manufactured product
is first put to use by any person or business entity who did not acquire the manufactured
product for either resale or other distribution in its unused condition or for incorporation
as a component part in a manufactured product which is to be sold or otherwise distributed
in its unused condition. (2) PRODUCT LIABILITY ACTION. Any action brought by a natural person
for personal injury, death, or property damage caused by the manufacture, construction, design,
formula, preparation, assembly, installation, testing, warnings, instructions, marketing,
packaging, or labeling of a manufactured product when such action is...
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41-22-23
Section 41-22-23 Submission and review of proposed rules; fiscal note required for rules with
economic impact. (a) The notice required by subdivision (a)(1) of Section 41-22-5 shall be
given, in addition to the persons named in the notice, to each member of the committee and
such other persons in the legislative department as the committee requires. The form of the
proposed rule presented to the committee shall be as follows: New language shall be underlined
and language to be deleted shall be typed and lined through. (b)(1) Within the 45-day period
between the date of publication in the Alabama Administrative Monthly that a rule has been
certified and the date it becomes effective, and subject to subsection (h) of Section 41-22-5.1,
the committee shall study all proposed rules and may hold public hearings. The committee may
adopt a policy providing when a public hearing will be held on a rule meeting specified criteria.
In the event the committee fails to give notice to the agency of...
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7-2-209
Section 7-2-209 Modification, rescission and waiver. (1) An agreement modifying a contract
within this article needs no consideration to be binding. (2) A signed agreement which excludes
modification or rescission except by a signed writing cannot be otherwise modified or rescinded,
but except as between merchants such a requirement on a form supplied by the merchant must
be separately signed by the other party. (3) The requirements of the statute of frauds section
of this article (Section 7-2-201) must be satisfied if the contract as modified is within
its provisions. (4) Although an attempt at modification or rescission does not satisfy the
requirements of subsection (2) or (3) it can operate as a waiver. (5) A party who has made
a waiver affecting an executory portion of the contract may retract the waiver by reasonable
notification received by the other party that strict performance will be required of any term
waived, unless the retraction would be unjust in view of a material...
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7-2A-208
Section 7-2A-208 Modification, rescission and waiver. (1) An agreement modifying a lease contract
needs no consideration to be binding. (2) A signed lease agreement that excludes modification
or rescission except by a signed writing may not be otherwise modified or rescinded, but,
except as between merchants, such a requirement on a form supplied by a merchant must be separately
signed by the other party. (3) The requirements of the statute of frauds section of this article
(Section 7-2A-201) must be satisfied if the contract as modified is within its provisions.
(4) Although an attempt at modification or rescission does not satisfy the requirements of
subsection (2), it may operate as a waiver. (5) A party who has made a waiver affecting an
executory portion of a lease contract may retract the waiver by reasonable notification received
by the other party that strict performance will be required of any term waived, unless the
retraction would be unjust in view of a material change of...
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8-20-7
Section 8-20-7 Warranty obligations to dealers. (a) Every manufacturer, distributor, or wholesaler,
factory branch, factory representative, distributor branch, or distributor representative
shall specify in writing to each of its motor vehicle dealers the dealer's obligation for
warranty service on its products, shall compensate the motor vehicle dealer for warranty service
required of the dealer by the manufacturer, distributor, or wholesaler, factory branch, factory
representative, distributor branch, or distributor representative and shall provide the dealer
the schedule of compensation to be paid such dealer for parts, work, and service in connection
with warranty services, and the time allowance for the performance of such work and service.
(b) In no event shall such schedule of compensation fail to include reasonable compensation
for diagnostic work, service, labor, and parts. Time allowances for the diagnosis and performance
of warranty work and service shall be reasonable and...
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