Commercial Code - Sales

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Section
36-2-101

Short title.

Section
36-2-102

Scope; certain security and other transactions excluded from this Chapter.

Section
36-2-103

Definitions and index of definitions.

Section
36-2-104

Definitions: "Merchant"; "between merchants"; "financing agency".

Section
36-2-105

Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit".

Section
36-2-106

Definitions: "contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming to contract"; "termination"; "cancellation".

Section
36-2-107

Goods to be severed from realty; recording.

Section
36-2-201

Formal requirements; statute of frauds.

Section
36-2-202

Final written expression; parol or extrinsic evidence.

Section
36-2-203

Seals inoperative.

Section
36-2-204

Formation in general.

Section
36-2-205

Firm offers.

Section
36-2-206

Offer and acceptance in formation of contract.

Section
36-2-207

Additional terms in acceptance or confirmation.

Section
36-2-208

Repealed by 2014 Act No. 213, Section 46, eff October 1, 2014.

Section
36-2-209

Modification, rescission and waiver.

Section
36-2-210

Delegation of performance; assignment of rights.

Section
36-2-301

General obligations of parties.

Section
36-2-302

Unconscionable contract or clause.

Section
36-2-303

Allocation or division of risks.

Section
36-2-304

Price payable in money, goods, realty, or otherwise.

Section
36-2-305

Open price term.

Section
36-2-306

Output, requirements and exclusive dealings.

Section
36-2-307

Delivery in single lot or several lots.

Section
36-2-308

Absence of specified place for delivery.

Section
36-2-309

Absence of specific time provisions; notice of termination.

Section
36-2-310

Open time for payment or running of credit; authority to ship under reservation.

Section
36-2-311

Options and cooperation respecting performance.

Section
36-2-312

Warranty of title and against infringement; buyer's obligation against infringement.

Section
36-2-313

Express warranties by affirmation, promise, description, sample.

Section
36-2-314

Implied warranty; merchantability; usage of trade.

Section
36-2-315

Implied warranty: Fitness for particular purpose.

Section
36-2-316

Exclusion or modification of warranties.

Section
36-2-317

Cumulation and conflict of warranties express or implied.

Section
36-2-318

Third party beneficiaries of warranties express or implied.

Section
36-2-319

F.O.B. and F.A.S. terms.

Section
36-2-320

C.I.F. and C. & F. terms.

Section
36-2-321

C.I.F. or C. & F.: "Net landed weights"; "payment on arrival"; warranty of condition on arrival.

Section
36-2-322

Delivery "ex-ship".

Section
36-2-323

Form of bill of lading required in overseas shipment; "overseas".

Section
36-2-324

"No arrival, no sale" term.

Section
36-2-325

"Letter of credit" term; "confirmed credit".

Section
36-2-326

Sale on approval and sale or return; consignment sales and rights of creditors.

Section
36-2-327

Special incidents of sale on approval and sale or return.

Section
36-2-328

Sale by auction.

Section
36-2-401

Passing of title; reservation for security; limited application of this section.

Section
36-2-402

Rights of seller's creditors against sold goods.

Section
36-2-403

Power to transfer; good faith purchase of goods; "entrusting".

Section
36-2-501

Insurable interest in goods; manner of identification of goods.

Section
36-2-502

Buyer's right to goods on seller's insolvency.

Section
36-2-503

Manner of seller's tender of delivery.

Section
36-2-504

Shipment by seller.

Section
36-2-505

Seller's shipment under reservation.

Section
36-2-506

Rights of financing agency.

Section
36-2-507

Effect of seller's tender; delivery on condition.

Section
36-2-508

Cure by seller of improper tender or delivery; replacement.

Section
36-2-509

Risk of loss in the absence of breach.

Section
36-2-510

Effect of breach on risk of loss.

Section
36-2-511

Tender of payment by buyer; payment by check.

Section
36-2-512

Payment by buyer before inspection.

Section
36-2-513

Buyer's right to inspection of goods.

Section
36-2-514

When documents deliverable on acceptance; when on payment.

Section
36-2-515

Preserving evidence of goods in dispute.

Section
36-2-601

Buyer's rights on improper delivery.

Section
36-2-602

Manner and effect of rightful rejection.

Section
36-2-603

Merchant buyer's duties as to rightfully rejected goods.

Section
36-2-604

Buyer's options as to salvage of rightfully rejected goods.

Section
36-2-605

Waiver of buyer's objections by failure to particularize.

Section
36-2-606

What constitutes acceptance of goods.

Section
36-2-607

Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

Section
36-2-608

Revocation of acceptance in whole or in part.

Section
36-2-609

Right to adequate assurance of performance.

Section
36-2-610

Anticipatory repudiation.

Section
36-2-611

Retraction of anticipatory repudiation.

Section
36-2-612

"Installment contract"; breach.

Section
36-2-613

Casualty to identified goods.

Section
36-2-614

Substituted performance.

Section
36-2-615

Excuse by failure of presupposed conditions.

Section
36-2-616

Procedure on notice claiming excuse.

Section
36-2-701

Remedies for breach of collateral contracts not impaired.

Section
36-2-702

Seller's remedies on discovery of buyer's insolvency.

Section
36-2-703

Seller's remedies in general.

Section
36-2-704

Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

Section
36-2-705

Seller's stoppage of delivery in transit or otherwise.

Section
36-2-706

Seller's resale including contract for resale.

Section
36-2-707

"Person in the position of a seller".

Section
36-2-708

Seller's damages for nonacceptance or repudiation.

Section
36-2-709

Action for the price.

Section
36-2-710

Seller's incidental damages.

Section
36-2-711

Buyer's remedies in general; buyer's security interest in rejected goods.

Section
36-2-712

"Cover"; buyer's procurement of substitute goods.

Section
36-2-713

Buyer's damages for nondelivery or repudiation.

Section
36-2-714

Buyer's damages for breach in regard to accepted goods.

Section
36-2-715

Buyer's incidental and consequential damages.

Section
36-2-716

Buyer's right to specific performance or replevin.

Section
36-2-717

Deduction of damages from the price.

Section
36-2-718

Liquidation or limitation of damages; deposits.

Section
36-2-719

Contractual modification or limitation of remedy.

Section
36-2-720

Effect of "cancellation" or "rescission" on claims for antecedent breach.

Section
36-2-721

Remedies for fraud.

Section
36-2-722

Who can sue third parties for injury to goods.

Section
36-2-723

Proof of market price; time and place.

Section
36-2-724

Admissibility of market quotations.

Section
36-2-725

Statute of limitations in contracts for sale.

Section
36-2-801

Definitions.

Section
36-2-802

Personal jurisdiction based upon enduring relationship.

Section
36-2-803

Personal jurisdiction based upon conduct.

Section
36-2-804

Service outside the State.

Section
36-2-805

Other bases of jurisdiction unaffected.

Section
36-2-806

Manner and proof of service.

Section
36-2-807

Individuals eligible to make service.

Section
36-2-808

Individuals to be served; special cases.

Section
36-2-809

Other provisions of law unaffected.