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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
7-2-316
Section 7-2-316 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 warranty shall
be construed wherever reasonable as consistent with each other; but subject to the provisions
of this article on parol or extrinsic evidence (Section 7-2-202) negation or limitation is
inoperative to the extent that such construction is unreasonable. (2) Subject to subsection
(3), to exclude or modify the implied warranty of merchantability or any part of it the language
must mention merchantability and in case of a writing must be conspicuous, and to exclude
or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous.
Language to exclude all implied warranties of fitness is sufficient if it states, for example,
that "There are no warranties which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2): (a) Unless the circumstances...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-316.htm - 2K - Match Info - Similar pages
7-2-312
Section 7-2-312 Warranty of title and against infringement; buyer's obligation against infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and (b) The goods shall be
delivered free from any security interest or other lien or encumbrance of which the buyer
at the time of contracting has no knowledge. (2) A warranty under subsection (1) will be excluded
or modified only by specific language or by circumstances which give the buyer reason to know
that the person selling does not claim title in himself or that he is purporting to sell only
such right or title as he or a third person may have. (3) Unless otherwise agreed a seller
who is a merchant regularly dealing in goods of the kind warrants that the goods shall be
delivered free of the rightful claim of any third person by way of infringement or the like,
but a buyer who furnishes specifications to the seller must hold...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-312.htm - 1K - Match Info - Similar pages
37-14-33
Section 37-14-33 Retail electric service within municipalities. (a) Primary supplier's option
to acquire facilities within existing municipal limits. - The primary electric supplier within
each municipality shall, at its option, have the right to acquire all distribution facilities
of any secondary electric supplier used to supply retail electric service within the existing
municipal limits and shall have the right to serve all premises within the existing municipal
limits of such municipality subject to the provisions of subdivisions (a)(1) through (a)(5).
Except as authorized in this section, no secondary electric supplier shall extend facilities
to serve existing or new premises within the existing municipal limits of the municipality.
(1) The primary electric supplier must announce its intention to exercise its option to acquire
the distribution facilities of secondary electric suppliers by giving written notice by registered
or certified mail to the affected secondary suppliers...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-33.htm - 14K - Match Info - Similar pages
32-8-87
Section 32-8-87 Dismantling, destroying, changing identity of vehicle; certificate requirements;
insurance claims; "total loss"; removal of identification numbers, plates, etc.;
transfer of salvage vehicles; inspections; "component parts"; rebuilt vehicles;
flood vehicles; online verifications. (a) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title who scraps, dismantles, destroys, or changes the
motor vehicle in such a manner that it is not the same motor vehicle described in the certificate
of origin or certificate of title shall as soon as practicable cause the certificate of origin
or certificate of title, if any, and any other documents or information required by the department
to be mailed or delivered to the department for processing. The department shall, with the
consent of any holder of liens noted on the surrendered certificate, enter a cancellation
upon its records. Upon cancellation of a certificate of origin or certificate of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-8-87.htm - 32K - 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-209
Section 7-2A-209 Lessee under finance lease as beneficiary of supply contract. (1) The benefit
of a supplier's promises to the lessor under the supply contract and of all warranties, whether
express or implied, including those of any third party provided in connection with or as part
of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest
under a finance lease related to the supply contract, but is subject to the terms of the warranty
and of the supply contract and all defenses or claims arising therefrom. (2) The extension
of the benefit of a supplier's promises and of warranties to the lessee (Section 7-2A-209(1))
does not: (i) modify the rights and obligations of the parties to the supply contract, whether
arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract
on the lessee. (3) Any modification or rescission of the supply contract by the supplier and
the lessor is effective between the supplier and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-209.htm - 2K - Match Info - Similar pages
37-14-4
Section 37-14-4 Primary supplier's option to acquire facilities within existing municipal limits.
The primary electric supplier within each municipality shall, at its option, have the right
to acquire all distribution facilities of any secondary electric supplier used to supply retail
electric service within the existing municipal limits and shall have the right to serve all
premises within the existing municipal limits of such municipality subject to the following;
(1) The primary electric supplier must announce its intention to exercise its option in writing
by registered or certified mail to the affected secondary suppliers within each municipality,
addressed to the chief executive officer or manager of such secondary supplier, no later than
nine months after April 26, 1984. Simultaneously with the delivery of the notice of exercise
of its option by the primary electric supplier, the primary electric supplier shall deposit
in escrow with a bank whose principal office is in Alabama...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-4.htm - 11K - Match Info - Similar pages
27-55-3
Section 27-55-3 Prohibited practices; disclosure of information. (a) No insurer may: (1) Deny,
refuse to issue, renew, or reissue, cancel, or otherwise terminate, restrict, or exclude coverage
on an insurance policy or health benefit plan on the basis of an applicant's or insured's
abuse status, or on the basis of any association, relationship, or assistance to a subject
of abuse. (2) Exclude or limit coverage for a loss, deny benefits, or deny a claim on the
basis of the insured's abuse status, or on the basis of any association, relationship, or
assistance to a subject of abuse, except as otherwise permitted or required by the laws of
this state relating to acts of abuse committed by a life insurance beneficiary. Notwithstanding
anything to the contrary in this section, a liability insurer may include policy provisions
providing that a payment required by this subsection may be denied or, if paid, recovered
by the insurer from the insured, if the claim arose out of an act of abuse by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-55-3.htm - 8K - Match Info - Similar pages
32-6-49.13
Section 32-6-49.13 Implied consent to take test of blood, breath, etc.; administration of test;
refusal to take test; report of a law enforcement officer; sanctions; notice and hearing;
review; notification of other states. (a) A person who drives a commercial motor vehicle within
this state is deemed to have given consent, subject to provisions of Section 32-5-192, to
take a test or tests of that person's blood, breath, or urine for the purpose of determining
that person's alcohol concentration, or the presence of other drugs. (b)(1) A test or tests
shall be administered at the direction of a law enforcement officer, who after stopping or
detaining the commercial motor vehicle driver, has probable cause to believe that driver was
driving a commercial motor vehicle while having alcohol or drugs in his or her system. The
law enforcement officer shall test the driver at the scene by using a field breathalyzer or
other approved device, technique, or procedure approved by the Department of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-6-49.13.htm - 5K - Match Info - Similar pages
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