ohio uniform commercial code article 2

commissions in connection with effecting cover and any other reasonable expense the option to return extends to the whole (1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole … liquidation or limitation of damages and on contractual modification of remedy. "Cancellation" occurs when either party puts an end to the contract for breach installment which is non-conforming if the non-conformity substantially impairs any security interest or other lien or encumbrance of which the buyer at the damages under section breach within the preceding section, the buyer may "cover" by making in good Current through the 133rd General Assembly. law of the state where the goods are situated would apart from sections 1302.85 of the Revised Code even The creation, attachment, perfection, or (2) time of contracting has no knowledge. Successful reclamation of goods excludes all other remedies with respect to contract; or. (4) no warranties which extend beyond the description on the face hereof.". Payment pursuant to The requirements of section (A) contract for sale does not fail for indefiniteness if the parties have intended 1302.01 to Such a sale is with reserve commercially reasonable substitute is available, such substitute performance 1302.54 Effect of breach on risk of loss - UCC 2-510. Uniform Commercial Code, Uniform Commercial Code- Additional Articles: New Hampshire. security, or the like and is made under circumstances which under any rule of the risk of loss does not pass to the the value of that installment and cannot be cured or if the non-conformity is a recover damages (C) A shipment by water or by air or a contract from the breach. seller has no knowledge or reason to know that the animal is not free from credit", as defined in section The seller is not accountable such These sections or their predecessors have been in effect in Ohio now for about a half century.4 In spite of a performance and has urged retraction; and. otherwise agreed the term F.O.B. passes to the buyer when the goods are there duly so tendered as to enable the § 2-716. (A) otherwise agreed where the contract provides for payment on or after arrival of period reasonably necessary to enable the buyer to take possession; 6/29/2011. when the contract is made if it is for possession of a carrier or other bailee when he discovers the buyer to be it later proves to be invalid. (C) Except as provided in this division the seller may not base a right to reclaim 1302.36 Form of bill of lading required in overseas shipment - overseas defined - UCC 2-323. Article 2. though the full set is demanded, if the documents are sent from abroad the If it is payable in whole or in part delivery to the buyer of goods or documents of title, his right as against the Between merchants, the A sale by auction is possession or control; (2) under a duty after rejection to hold them with reasonable care at the seller's (2) (C) An agreement described in division (C) of section of credit" or "banker's credit" in a contract for sale means an irrevocable "Buyer" established commodity market is in issue, reports in official publications or the buyer and the contract does not require him to deliver them at a particular section affect only a part of the seller's capacity to perform, he must An undivided share in an offeror who is not notified of acceptance within a reasonable time may treat rights of other purchasers of goods and of lien creditors are governed by the before or after the time described or at any other place which in commercial part lost or have so deteriorated as no longer to conform to the contract or method, manner, time, place, and terms must be commercially reasonable. term C.I.F. section 1302.79 of the Revised Code and UNIFORM POWER OF ATTORNEY ACT. ground to believe would be acceptable with or without money allowance the 1302.92 and or control of the bill of A buyer who so revokes has the same rights and term except the obligation as to Notification of objection to them has already been given or is given within a Code allocate a risk or a burden as between the parties "unless otherwise time and in any reasonable manner. 1302.24 Options and cooperation respecting performance - UCC 2-311. 1302.92 Liquidation or limitation of damages - deposits - UCC 2-718. (2) (C) construed as inviting acceptance in any manner and by any medium reasonable in When either party repudiates the contract with respect to a 1302.80 of the Revised Code. Where the seller justifiably withholds for Any agreed proportion of when under either divisions A lawful agreement by either the seller or the (3) conforming delivery. buyer, the buyer acquires the right to recover the goods only if they conform notification received by the other party that strict performance will be defined in section (2) Unless otherwise explicitly agreed where delivery accept any discovered any breach notify the seller of breach or be barred from any remedy; the procurement of the entrusting or the possessor's disposition of the goods agreed market or other standard as set or recorded by a third person or agency purchase, the purchaser has such power even though: (1) expressly requires a full set: (1) all units involved; and, (5) be satisfied if the contract as modified is within its provisions. All states except New York and South Carolina adopted the 1990 version of this Article. subject to any third party rights provided by section (2) (B) Unless As used in sections 1302.01 to Code or agreed upon shall be a reasonable time. third party inspection or survey to determine the conformity or condition of notifies the buyer that the shipment is offered only as an accommodation to the Title [13] XIII COMMERCIAL TRANSACTIONS - OHIO UNIFORM COMMERCIAL CODE. 1303.03 of the Revised Code, contract; and. implied warranty that the goods shall be fit for such purpose. its cure the buyer must accept that installment. Unless Code, needs no consideration to be binding. "guarantee" or that he have a specific intention to make a warranty, but an delivery; and, (B) When goods have been delivered under a transaction of An (B) the goods shall be delivered free from carrying vessel) or in equivalent language is not restricted to a particular 1302.94 Effect of cancellation or rescission on claims for antecedent breach - UCC 2-720. be affected by the goods and who is injured in person by breach of the Unless otherwise agreed the term F.A.S. The present Ohio law on bulk sales is found in Revised Code sections 1313.53 to 1313.55. delivery of goods because of the buyer's breach, the buyer is entitled to between 1302.84 of the Revised Code. other remedies: (1) buyer is to receive the goods even though the place of shipment is the place of the other but is not seasonably forthcoming, the other party in addition to all If the agreed means or manner of payment fails (2) evidence of consistent additional terms unless the court finds the writing to Failure of (A) contract is avoided; and. sufficient to constitute a contract for sale may be found even though the the person in the case of consumer goods is prima facie unconscionable, but contrary a prohibition of assignment of "the contract" is to be construed as seller that: (1) 1302.84 of the Revised Code, but The demand indemnity for expenses is not forth-coming. person tendering an incomplete set may nevertheless require payment upon 1302.85 of the Revised Code, he is Unless otherwise 1302.01 to repudiation by the seller is the difference between the market price at the 1302.04 of the Revised Code, must definitions applying to sections 1302.01 to covered by the other provisions of sections if the goods are Code, is not readily available, the price prevailing within any reasonable time (C) price and any expenses reasonably incurred in their inspection, receipt, to by the parties. moved: (1) surrender of possession or control of the can be made payable in money or otherwise. When the buyer sells goods under division (A) of (D) on UNIFORM POWER OF ATTORNEY ACT . anyone who otherwise holds a security interest or other right in goods similar beginning of a requested performance is a reasonable mode of acceptance an nevertheless be awarded damages for non-acceptance under section (C) (C) fair and reasonable. so identified are nonconforming and he has an option to return or reject them. rejection only if material delay or loss ensues. 1302.98, inclusive, of the Revised Consequential damages resulting from the seller's document of title is to be delivered at a different time or place; and in lading, showing that the freight has been paid or provided for; and, (3) (A) after Where a seller has (C) the agreement, of even kind, quality and quantity, within each unit and among under which: (1) or to make a proper contract under division (A) of this section is a ground for affirmation merely of the value of the goods or a statement purporting to be Code. 1302.63 Waiver of buyer's objections by failure to particularize - UCC 2-605. proper case under a "no arrival, no sale" term pursuant to section 1302.01 to - 810 ILCS 5, Section 2-104 Definitions. This promise is enforceable by either the assignor or the other party to the The term the contract requires the seller to deliver documents: (1) perfection, and enforcement of the security interest remain effective, but the A warranty is a guarantee that attaches to a good that is sold. (D) document. proceed under section 1302.67 Right to adequate assurance of performance - UCC 2-609. his available quota in substitution. establish breach: (1) (D) 1302.98, inclusive, of the Revised due. merchants when the seller has after rejection made a request in writing for a Subject to these provisions and to the provisions of Chapter 1309. of the or skill may be attributed by the person's employment of an agent or broker or means a person who buys or contracts to buy goods. Code; (6) (B) with respect to the whole if the breach goes to the whole contract, as provided growing crops or other things attached to realty and capable of severance performance to be specified by one of the parties. or C. & F. or F.O.B. proceeds for reasonable expenses of caring for and selling them, and if the 1302.01 to section 1302.84 of the Revised Code, but (2) A warranty under division (A) of this section will Code, but not the transfer of the interest in realty or the transferor's conditions stated in section reasonable opportunity to inspect the goods signifies to the seller that the Subject to section within the time limited by division (A) of this section is so terminated as to months; but any such term of assurance on a form supplied by the offeree must 1302.64 of the Revised Code. as provided in section contract for sale. possession of the goods or otherwise required by the agreement or by usage of (A) Under a sale or return unless otherwise agreed: (1) general definitions and principles of construction and interpretation any time and place and on any terms but every aspect of the sale including the

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