Code of Alabama

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7-2-513
Section 7-2-513 Buyer's right to inspection of goods. (1) Unless otherwise agreed and subject
to subsection (3), where goods are tendered or delivered or identified to the contract for
sale, the buyer has a right before payment or acceptance to inspect them at any reasonable
place and time and in any reasonable manner. When the seller is required or authorized to
send the goods to the buyer, the inspection may be after their arrival. (2) Expenses of inspection
must be borne by the buyer but may be recovered from the seller if the goods do not conform
and are rejected. (3) Unless otherwise agreed and subject to the provisions of this article
on C.I.F. contracts (subsection (3) of Section 7-2-321), the buyer is not entitled to inspect
the goods before payment of the price when the contract provides: (a) For delivery "C.O.D."
or on other like terms; or (b) For payment against documents of title, except where such payment
is due only after the goods are to become available for inspection....
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2-25-15.1
Section 2-25-15.1 Receipt of plants, nursery stock, etc., not in compliance with law by common
carriers, et alia; duty to inform commissioner and isolate and hold item. Any person, including
a common carrier, who receives plants, plant products, nursery stock, or other things sold,
given away, carried, shipped, or delivered by carriage or shipment within this state, as to
which provisions of this article and the rules and regulations adopted pursuant thereto have
not been complied with, shall immediately inform the commissioner and isolate and hold the
plant, plant product, nursery stock or other thing unopened or unused subject to such inspection
or other disposition as may be provided by the commissioner. (Acts 1991, No. 91-632, p. 1179,
§23.)...
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27-17A-31
Section 27-17A-31 Deposits into trust; trustee responsibilities; interests in funds. (a) Any
person who is paid, collects, or receives funds under a preneed contract for funeral services
or funeral merchandise to be funded by trust shall deposit in trust an amount at least equal
to the sum of 75 percent of the amount collected on the purchase price for all funeral services
and funeral merchandise sold, transportation, and facilities rented other than outer burial
containers, 60 percent of the amount collected on the purchase price for outer burial containers,
110 percent of the wholesale cost of memorials from the amount collected on the purchase price
of memorials, and 100 percent of the amount collected on the purchase price for all cash advance
items sold. (b) All deposits shall be made within 30 days after the end of the calendar month
in which the preneed contract is paid in full, unless, prior to that time, all liabilities
of the seller under the preneed contract to deliver the...
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7-5-114
Section 7-5-114 Assignment of proceeds. (a) In this section, "proceeds of a letter of
credit" means the cash, check, accepted draft, or other item of value paid or delivered
upon honor or giving of value by the issuer or any nominated person under the letter of credit.
The term does not include a beneficiary's drawing rights or documents presented by the beneficiary.
(b) A beneficiary may assign its right to part or all of the proceeds of a letter of credit.
The beneficiary may do so before presentation as a present assignment of its right to receive
proceeds contingent upon its compliance with the terms and conditions of the letter of credit.
(c) An issuer or nominated person need not recognize an assignment of proceeds of a letter
of credit until it consents to the assignment. (d) An issuer or nominated person has no obligation
to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent
may not be unreasonably withheld if the assignee possesses and...
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35-11-110
Section 35-11-110 Lien declared. Any blacksmith, woodworkman, or other mechanic who contributes
his labor and material, or either, to the production, manufacture, or repair of any vehicle,
implement, machine, or article of any kind, shall have a lien thereon in the hands of any
person for whom such vehicle, implement, machine, or article was made or repaired, or to whom
sold, and in the hands of any purchaser with notice of such lien, for the agreed price, or
the value if no price was agreed upon, of the labor and material, or either, contributed to
the production, manufacture, or repair of the same. Said lien shall be subordinate to any
security interest under the Uniform Commercial Code in such vehicle, implement, machine, or
article, which security interest was perfected prior to the time said labor or material was
contributed, unless the secured party holding said security interest authorized the contribution
of said labor or material. (Code 1876, §3462; Code 1886, §3049; Code...
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7-2-401
Section 7-2-401 Passing of title; reservation for security; limited application of this section.
Each provision of this article with regard to the rights, obligations and remedies of the
seller, the buyer, purchasers or other third parties applies irrespective of title to the
goods except where the provision refers to such title. Insofar as situations are not covered
by the other provisions of this article and matters concerning title become material the following
rules apply: (1) Title to goods cannot pass under a contract for sale prior to their identification
to the contract (Section 7-2-501), and unless otherwise explicitly agreed the buyer acquires
by their identification a special property as limited by this title. Any retention or reservation
by the seller of the title (property) in goods shipped or delivered to the buyer is limited
in effect to a reservation of a security interest. Subject to these provisions and to the
provisions of the article on secured transactions (Article...
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13A-9-13.1
Section 13A-9-13.1 Negotiating worthless negotiable instrument - Generally. (a) A person commits
the crime of negotiating a worthless negotiable instrument if the person negotiates or delivers
a negotiable instrument for a thing of value and with the intent, knowledge, or expectation
that it will not be honored by the drawee. (b) For the purposes of this section, it is prima
facie evidence that the maker or drawer intended, knew, or expected that the instrument would
not be honored in any of the following instances: (1) The maker or drawer had no account with
the drawee at the time the negotiable instrument was negotiated or delivered, as determined
according to Section 7-3-503(2). (2) Payment was refused by the drawee for lack of funds,
upon presentation within 30 days after delivery, and the maker or drawer shall not have paid
the holder thereof the amount due thereon, together with a service charge of not more than
(fill in appropriate amount as provided by law), within 10 days...
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34-23-181
Section 34-23-181 Definitions. The following words shall have the following meanings as used
in this article: (1) HEALTH BENEFIT PLAN. Any individual or group plan, employee welfare benefit
plan, policy, or contract for health care services issued, delivered, issued for delivery,
or renewed in this state by a health care insurer, health maintenance organization, accident
and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit
medical service corporation, health care service plan, or any other person, firm, corporation,
joint venture, or other similar business entity that pays for insureds or beneficiaries in
this state. The term includes, but is not limited to, entities created pursuant to Article
6 of Chapter 20 of Title 10A. A health benefit plan located or domiciled outside of the State
of Alabama is deemed to be subject to this article if it receives, processes, adjudicates,
pays, or denies claims for health care services submitted by or...
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35-11-111
Section 35-11-111 Right to enforce lien by attachment. Any person entitled thereto may enforce
such lien in any court of competent jurisdiction, by attachment issued by any officer authorized
to issue such writs, upon executing bond as in other cases of attachment, and upon making
affidavit that the attachment is not sued out for the purpose of vexing or harassing the defendant,
and describing the property on which the lien is claimed and setting forth all the facts necessary
to the creation of the lien under Section 35-11-110, and the amount due, and that one of the
following causes of attachment exists: (1) That the person for whom such vehicle, implement,
machine, or article was made or repaired, or to whom sold, is the owner thereof, and that
the price, if agreed on, or if not, the value of the same, or of the repair thereof, or some
part of either, is due and unpaid. (2) That the person for whom such vehicle, implement, machine,
or article was made or repaired, or to whom sold,...
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8-1A-8
Section 8-1A-8 Provision of information in writing; presentation of records. (a) Subject to
subsection (e), if parties have agreed to conduct a transaction by electronic means and a
law requires a person to provide, send, or deliver information in writing to another person,
the requirement is satisfied if the information is provided, sent, or delivered, as the case
may be, in an electronic record capable of retention by the recipient at the time of receipt.
An electronic record is not capable of retention by the recipient if the sender or its information
processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record to be posted or displayed in a certain
manner, to be sent, communicated, or transmitted by a specified method, or to contain information
that is formatted in a certain manner, the following rules apply: (1) The record shall be
posted or displayed in the manner specified in the other...
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