|
7-7-204
Section 7-7-204 Duty of care; contractual limitation of warehouse's liability. (a) A warehouse
is liable for damages for loss of or injury to the goods caused by its failure to exercise
care with regard to the goods that a reasonably careful person would exercise under similar
circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could
not have been avoided by the exercise of that care. (b) Damages may be limited by a term in
the warehouse receipt or storage agreement limiting the amount of liability in case of loss
or damage beyond which the warehouse is not liable. Such a limitation is not effective with
respect to the warehouse's liability for conversion to its own use. On request of the bailor
in a record at the time of signing the storage agreement or within a reasonable time after
receipt of the warehouse receipt, the warehouse's liability may be increased on part or all
of the goods covered by the storage agreement or the warehouse receipt. In this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-204.htm - 1K - Match Info - Similar pages
8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
8-19-5
means the transmission of information by the use of the telephone, with the specific intent
of defrauding a person by a material misrepresentation and obtaining property from that person
as a result of the fraud. Puffing or puffery does not constitute a scheme or artifice to defraud.
(26) Making any communication by telephone directly to another person which offers to the
other person a gift, award, or prize, where the person making the communication has actual
knowledge at the time of making the communication that the communication was materially false
and the person making the communication specifically intended to deprive the other person
of real or personal property as a result of the false communication. (27) Engaging
in any other unconscionable, false, misleading, or deceptive act or practice in the conduct
of trade or commerce. (Acts 1981, No. 81-355, p. 510, §5; Acts 1993, No. 93-203, §1; Act
99-583, p. 1327, §1; Act 2000-712, p. 1509, §1; Act 2002-496, p. 1276, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-5.htm - 12K - Match Info - Similar pages
11-51-90.2
Gross Receipts and/or Flat Rate 443 Electronics and Appliance Stores Electronic and appliance
store, household, radio, television, computer Gross Receipts and/or Flat Rate 444 Building
Material and Gardening Equipment Dealers Building materials, hardware, paint, home center,
wallpaper Gross Receipts and/or Flat Rate 445 Food and Beverage Stores Food and beverage stores,
grocery, convenience, markets, liquor, beer Gross Receipts and/or Flat Rate Where Not State
Regulated 446 Health and Personal Care Stores Health and personal care stores,
drug, cosmetic, optical, health food Gross Receipts and/or Flat Rate 447 Gasoline Stations
Gasoline stations, filling stations Gross Receipts and/or Flat Rate Based on No. of Dispensers
448 Clothing and Accessories Stores Clothing stores, men's, women's, children, infants, shoe,
jewelry, luggage Gross Receipts and/or Flat Rate 451 Sporting Goods, Hobby, Book, Music Sporting
goods stores, hobby, toy, fish, gun, music, books Gross Receipts and/or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-90.2.htm - 26K - Match Info - Similar pages
7-7-209
to the bailor or the bailor's nominee with: (A) Actual or apparent authority to ship, store,
or sell; (B) Power to obtain delivery under Section 7-7-403; or (C) Power of disposition under
Sections 7-2-403, 7-2A-304(2), 7-2A-305(2), 7-9A-320, or 7-9A-321(c) or other statute or rule
of law; or (2) Acquiesce in the procurement by the bailor or its nominee of any document.
(d) A warehouse's lien on household goods for charges and expenses in relation to the goods
under subsection (a) is also effective against all persons if the depositor was the legal
possessor of the goods at the time of deposit. In this subsection, "household goods"
means furniture, furnishings, or personal effects used by the depositor in a dwelling.
(e) A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably
refuses to deliver. (Prior version of this section added by Acts 1965, No. 549, p. 811; repealed
by Act 2004-315, p. 464, §1; current section added by Act 2004-315, p. 464, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-209.htm - 3K - Match Info - Similar pages
7-7-309
Section 7-7-309 Duty of care; contractual limitation of carrier's liability. (a) A carrier
that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree
of care in relation to the goods which a reasonably careful person would exercise under similar
circumstances. This subsection does not affect any statute, regulation, or rule of law that
imposes liability upon a common carrier for damages not caused by its negligence. (b) Damages
may be limited by a term in the bill of lading or in a transportation agreement that the carrier's
liability may not exceed a value stated in the bill or transportation agreement if the carrier's
rates are dependent upon value and the consignor is afforded an opportunity to declare a higher
value and the consignor is advised of the opportunity. However, such a limitation is not effective
with respect to the carrier's liability for conversion to its own use. (c) Reasonable provisions
as to the time and manner of presenting claims...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-309.htm - 1K - Match Info - Similar pages
7-7-202
Section 7-7-202 Form of warehouse receipt; effect of omission. (a) A warehouse receipt need
not be in any particular form. (b) Unless a warehouse receipt provides for each of the following,
the warehouse is liable for damages caused to a person injured by its omission: (1) A statement
of the location of the warehouse facility where the goods are stored; (2) The date of issue
of the receipt; (3) The unique identification code of the receipt; (4) A statement whether
the goods received will be delivered to the bearer, to a named person, or to a named person
or its order; (5) The rate of storage and handling charges, unless goods are stored under
a field warehousing arrangement, in which case a statement of that fact is sufficient on a
nonnegotiable receipt; (6) A description of the goods or the packages containing them; (7)
The signature of the warehouse or its agent; (8) If the receipt is issued for goods that the
warehouse owns, either solely, jointly, or in common with others, a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-202.htm - 2K - Match Info - Similar pages
7-7-403
delay, loss, or destruction of the goods for which the bailee is not liable; (3) Previous sale
or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful
termination of storage; (4) The exercise by a seller of its right to stop delivery pursuant
to Section 7-2-705 or by a lessor of its right to stop delivery pursuant to Section 7-2A-526;
(5) A diversion, reconsignment, or other disposition pursuant to Section 7-7-303; (6) Release,
satisfaction, or any other personal defense against the claimant; or (7) Any other
lawful excuse. (b) A person claiming goods covered by a document of title shall satisfy the
bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering
the goods until the charges are paid. (c) Unless a person claiming the goods is a person against
which the document of title does not confer a right under Section 7-7-503(a): (1) The person
claiming under a document shall surrender possession or control of any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-403.htm - 2K - Match Info - Similar pages
37-16-7
written document creating the electric easement or no express terms in the document, the electric
provider shall provide notice to the owner of the real property subject to the electric easement
by informing such owner of the installation of the broadband system within the electric easement
prior to installation. Notice shall be sufficient if mailed to the name and address of the
owner or owners listed in the real property ad valorem tax records for the county where the
real property is located. Nothing in this section shall require the notice from the electric
provider when the electric easement is acquired by condemnation or pursuant to an expansion
of the electric easement by civil action commenced by the owner. (h) Nothing in this chapter
shall be deemed to relieve the broadband operator, broadband service provider, or electric
provider from liability for bodily injury or physical damage to real or personal
property located adjacent to the electric easement. (Act 2019-326, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-16-7.htm - 6K - Match Info - Similar pages
27-7-5.3
Section 27-7-5.3 Licenses - Limited license for self-service storage facility. (a) As used
in this section, the following terms shall have the following meanings: (1) LIMITED LICENSEE.
A person or entity authorized to sell certain coverages for personal property maintained
in self-service storage facilities pursuant to this section. (2) OCCUPANT. A person, his or
her sublessee, successor, or assign entitled to the use of the storage space at a self-service
storage facility under a rental agreement, to the exclusion of others. (3) OWNER. The owner,
operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any
other person authorized by him or her to manage the self-service storage facility or to receive
rent from an occupant under a rental agreement. (4) PERSONAL PROPERTY. Any movable
property not affixed to land including, but not limited to, goods, wares, merchandise, motor
vehicles, watercraft, and household items and furnishings. (5) RENTAL AGREEMENT....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-7-5.3.htm - 7K - Match Info - Similar pages
|