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Commercial Code - COM - COM § 2326
Commercial Code - COM - COM § 2326
(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is (a) A “sale on approval” if the goods are delivered primarily for use, and (b) A “sale or return” if the goods are delivered primarily for res
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Commercial Code - COM - COM § 2327
Commercial Code - COM - COM § 2327
(1) Under sale on approval unless otherwise agreed (a) Although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and (b) Use of the goods consistent with the purpose of trial is not acceptance but failure seasonabl
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Commercial Code - COM - COM § 2328
Commercial Code - COM - COM § 2328
(1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptanc
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Commercial Code - COM - COM § 2401
Commercial Code - COM - COM § 2401
Each provision of this division 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
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Commercial Code - COM - COM § 2402
Commercial Code - COM - COM § 2402
(1) Except as provided in subdivisions (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer’s rights to recover the goods under this division (Sections 2502 and 2716). (2) A credi
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Commercial Code - COM - COM § 2403
Commercial Code - COM - COM § 2403
(1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good fait
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Commercial Code - COM - COM § 2501
Commercial Code - COM - COM § 2501
(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or reject them. Such identification can be ma
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Commercial Code - COM - COM § 2502
Commercial Code - COM - COM § 2502
(1) Subject to subdivisions (2) and (3), and even though the goods have not been shipped, a buyer who has paid a part or all of the price of goods in which he or she has a special property under the provisions of the immediately preceding section may on making and keeping good a
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Commercial Code - COM - COM § 2503
Commercial Code - COM - COM § 2503
(1) Tender of delivery requires that the seller put and hold conforming goods at the buyer’s disposition and give the buyer any notification reasonably necessary to enable him to take delivery. The manner, time and place for tender are determined by the agreement and this divisio
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Commercial Code - COM - COM § 2504
Commercial Code - COM - COM § 2504
Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must (a) Put the goods in the possession of such a carrier and make such a contract for the
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Commercial Code - COM - COM § 2505
Commercial Code - COM - COM § 2505
(1) Where the seller has identified goods to the contract by or before shipment: (a) His procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of
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Commercial Code - COM - COM § 2506
Commercial Code - COM - COM § 2506
(1) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods i
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Commercial Code - COM - COM § 2507
Commercial Code - COM - COM § 2507
(1) Tender of delivery is a condition to the buyer’s duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract. (2) Where payment is due and demanded on the de
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Commercial Code - COM - COM § 2508
Commercial Code - COM - COM § 2508
(1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery. (2) Where the b
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Commercial Code - COM - COM § 2509
Commercial Code - COM - COM § 2509
(1) Where the contract requires or authorizes the seller to ship the goods by carrier (a) If it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is unde
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Commercial Code - COM - COM § 2510
Commercial Code - COM - COM § 2510
(1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance. (2) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effec
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Commercial Code - COM - COM § 2511
Commercial Code - COM - COM § 2511
(1) Unless otherwise agreed, tender of payment is a condition to the seller’s duty to tender and complete any delivery. (2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in lega
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Commercial Code - COM - COM § 2512
Commercial Code - COM - COM § 2512
(1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless (a) the nonconformity appears without inspection or (b) despite tender of the required documents the circumstances would justify injunction
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Commercial Code - COM - COM § 2513
Commercial Code - COM - COM § 2513
(1) Unless otherwise agreed and subject to subdivision (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 sel
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Commercial Code - COM - COM § 2514
Commercial Code - COM - COM § 2514
Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment.
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Commercial Code - COM - COM § 2515
Commercial Code - COM - COM § 2515
In furtherance of the adjustment of any claim or dispute (a) Either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the poss
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Commercial Code - COM - COM § 2601
Commercial Code - COM - COM § 2601
Subject to the provisions of this division on breach in installment contracts (Section 2612) and unless otherwise agreed under the sections on contractual limitations of remedy (Sections 2718 and 2719), if the goods or the tender of delivery fail in any respect to conform to the
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Commercial Code - COM - COM § 2602
Commercial Code - COM - COM § 2602
(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller. (2) Subject to the provisions of the two following sections on rejected goods (Sections 2603 and 2604), (a) After rejection a
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Commercial Code - COM - COM § 2603
Commercial Code - COM - COM § 2603
(1) Subject to any security interest in the buyer (subdivision (3) of Section 2711), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instru
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Commercial Code - COM - COM § 2604
Commercial Code - COM - COM § 2604
Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller’s account or reship them to him or resell them for the