Ohio Revised Code Search

...(A) Subject to division (B) of this section there is in a contract for sale a warranty by the seller that: (1) The title conveyed shall be good, and its transfer rightful; and (2) 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. (B) A warranty under division (A) of this section will be excluded or modified only...

...(A) Express warranties by the seller are created as follows: (1) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (2) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods sha...

...(A) Unless excluded or modified as provided in section 1302.29 of the Revised Code, a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale. (B) Goods to be merchantable must be at least such as: (1) pas...

...Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under section 1302.29 of the Revised Code an implied warranty that the goods shall be fit for such purpose.

...(A) 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 section 1302.05 of the Revised Code on parol or extrinsic evidence, negation or limitation is inoperative to the extent that such construction is unreasonable. (B) Subject to division (C) of...

...Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply: (A) Exact or technical specifications displace an inconsistent sample or model or general language of description. (B) A sample from an exis...

...A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section.

...(A) Unless otherwise agreed the term F.O.B. (which means "free on board") at a named place, even though used only in connection with the stated price, is a delivery term under which: (1) when the term is F.O.B. the place of shipment, the seller must at that place ship the goods in the manner provided in section 1302.48 of the Revised Code and bear the expense and risk of putting them into the possession of the carri...

...tract; and (5) forward and tender with commercial promptness all the documents in due form and with any indorsement necessary to perfect the buyer's rights. (C) Unless otherwise agreed the term C. & F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance. (D) Under the term C.I.F. or C. & F. unless otherwise agreed t...

...he price a settlement must be made with commercial promptness. (B) An agreement described in division (A) of this section or any warranty of quality or condition of the goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage, and the like in transportation but has no effect on the place or time of identification to the contract for sale or delivery or on the passing of the risk of loss....

...(A) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged. (B) Under such a term unless otherwise agreed: (1) the seller must discharge all liens arising out of the ...

...rade or agreement it is subject to the commercial, financing, or shipping practices characteristic of international deep water commerce.

...Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed: (A) the seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the nonarrival; and (B) where without fault of the seller the goods are in part lost or have so deteriorated as no longer to conform to the ...

...(A) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale. (B) The delivery to seller of a proper letter of credit suspends the buyer's obligation to pay. If the letter of credit is dishonored, the seller may on seasonable notification to the buyer require payment directly from him. (C) Unless otherwise agreed the term "letter of credit" or "banker's credit" in a...

...(A) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is: (1) a "sale on approval" if the goods are delivered primarily for use, and (2) a "sale or return" if the goods are delivered primarily for resale. (B) Goods held on approval are not subject to the claims of the buyer's creditors until acceptance. Goods held on sale or return a...

...n to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and (2) the return is at the buyer's risk and expense.

...(A) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (B) 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 acceptance of a prior bid, the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was f...

...Each provision of sections 1302.01 to 1302.98 of the Revised Code 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 that title. Insofar as situations are not covered by the other provisions of sections 1302.01 to 1302.98 of the Revised Code and matters concerning title ...

...rse of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent. (C) Nothing in sections 1302.01 to 1302.98 of the Revised Code shall be deemed to impair the rights of creditors of the seller: (1) under the provisions of Chapter 1309. of the Revised Code; or (2) where identification to the contract or delivery is made not in current course of trade but in sati...

...(A) A purchaser of goods acquires all title which the 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 faith purchaser for value. When goods have been delivered under a transaction of purchase, the purchaser has such power even though: (1)...

...(A) 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 non conforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs: (1) whe...

...(A) Subject to divisions (B) and (C) of this section 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 the buyer has a special property under section 1302.45 of the Revised Code, may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if: (1) In the case of goods bought for personal, family, or house...

...(A) 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 the buyer to take delivery. The manner, time, and place for tender are determined by the agreement and sections 1302.01 to 1302.98, inclusive, of the Revised Code, and in particular: (1) tender must be at a reasonable hour, and if it is of ...

...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 their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and (B) obtain and p...

...(A) Where the seller has identified goods to the contract by or before shipment: (1) the seller's procurement of a negotiable bill of lading to the seller's own order or otherwise reserves in the seller a security interest in the goods. The seller's procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to th...

...A secured party does not owe a duty based on its status as secured party: (A) To a person who is a debtor or obligor, unless the secured party knows: (1) That the person is a debtor or obligor; (2) The identity of the person; and (3) How to communicate with the person; or (B) To a secured party or lienholder who has filed a financing statement against a person, unless the secured party knows: (1) That the perso...

...For purposes of sections 1309.601 to 1309.628 of the Revised Code, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.

... (C) A secured party shall proceed in a commercially reasonable manner if the secured party: (1) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and (2) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor. (D) A secured party may deduct from the collections made pu...

...de unless the failure to do so would be commercially unreasonable. A secured party who applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner. (4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency. (B) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory note...

...(A) After default, a secured party: (1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 1309.610 of the Revised Code. (B) A secured party may act under division (A) of this section: (1) Pursuant to judicial process; or (2) Without judicial process if it acts without breach of the peace. (C) If so agreed,...

... its present condition or following any commercially reasonable preparation or processing. (B) Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, at any time and place, and on ...

... date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in division (C)(3)(b) of this section; and (2) Before the notification date, the secured party: (a) Did not receive a response to the request for information; or (b) Received a response to the request for information and sent an authenticated no...

...(A) Except as otherwise provided in division (B) of this section, whether a notification is sent within a reasonable time is a question of fact. (B) A notification of disposition sent after default and ten days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.

...ISPOSITION:) We will sell (or lease or license, as applicable) the (describe collateral) to the highest qualified bidder in public as follows: Day and Date:_____________ Time:_____________________ Place:____________________ (FOR A PRIVATE DISPOSITION:) We will sell (or lease or license, as applicable) the (describe collateral) privately sometime after (day and date). You are entitled to an accounting of the un...

...c sale. A sale could include a lease or license. The sale will be held as follows: Day and date:_______________ Time:_______________________ Place:______________________ You may attend the sale and bring bidders if you want. (For a private disposition) We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license. The money that we get from the sale (after pa...

...10 unless the failure to do so would be commercially unreasonable. A secured party who applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner. (D) If the security interest under which a disposition is made secures payment or performance of an obligation, after making the payments and applications required by division (A) of this section and permitted by division (C) of ...

...(A) As used in this section: (1) "Explanation" means a writing that: (a) States the amount of the surplus or deficiency; (b) Provides an explanation in accordance with division (C) of this section of how the secured party calculated the surplus or deficiency; (c) States, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect t...

...(A) A secured party's disposition of collateral after default: (1) Transfers to a transferee for value all of the debtor's rights in the collateral; (2) Discharges the security interest under which the disposition is made; and (3) Discharges any subordinate security interest or other subordinate lien other than the liens specified in division (D) of section 1309.109 of the Revised Code. (B) A transferee who acts ...

...(A) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor: (1) Receives an assignment of a secured obligation from the secured party; (2) Receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or (3) Is subrogated to the rights of a secured party with respect...

...(A) As used in this section, "transfer statement" means a record authenticated by a secured party that states: (1) The debtor has defaulted in connection with an obligation secured by specified collateral; (2) The secured party has exercised its post-default remedies with respect to the collateral; (3) By reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and (4) The nam...

...(A) Except as otherwise provided in division (G) of this section, a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if: (1) The debtor consents to the acceptance under division (C) of this section; (2) The secured party, within the time prescribed in division (D) of this section, does not receive a notification of objection to the proposal authenticated by: (a)...

...(A) A secured party who desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to: (1) Any person from whom the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a claim of an interest in the collateral; (2) Any other secured party or lienholder who, ten days before the debtor consented to the accept...

...(A) A secured party's acceptance of collateral in full or partial satisfaction of the obligation it secures: (1) Discharges the obligation to the extent consented to by the debtor; (2) Transfers to the secured party all of a debtor's rights in the collateral; (3) Discharges the security interest or agricultural lien that is the subject of the debtor's consent and any subordinate security interest or other subordin...

...(A) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral. (B) To redeem collateral, a person shall tender: (1) Fulfillment of all obligations secured by the collateral; and (2) The reasonable expenses and attorney's fees described in division (A)(1) of section 1309.615 of the Revised Code. (C) A redemption may occur at any time before a secured party: (1) Has collected ...

...(A) A debtor or secondary obligor may waive the right to notification of disposition of collateral under section 1309.611 of the Revised Code only by an agreement to that effect entered into and authenticated after default. (B) A debtor may waive the right to require disposition of collateral under division (E) of section 1309.620 of the Revised Code only by an agreement to that effect entered into and authenticated...

...(A) If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (B) Subject to divisions (C), (D), and (F) of this section, a person is liable for damages in the amount of any loss caused by a failure to comply with this chapter. Loss caused by a failure to comply ...

...In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply: (A) A secured party is not required to prove compliance with sections 1309.601 to 1309.628 of the Revised Code relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue. (B) If the secured party's ...

...isposition, or acceptance was made in a commercially reasonable manner. (B) A disposition of collateral is made in a commercially reasonable manner if the disposition is made: (1) In the usual manner on any recognized market; (2) At the price current in any recognized market at the time of the disposition; or (3) Otherwise in conformity with reasonable commercial practices among dealers in the type of property th...

...(A) Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person: (1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; and (2) The failure of the secured party to comply with this chapter does not affe...

...(A) Except as otherwise provided in this chapter, this chapter applies to a transaction or lien within the scope of this chapter even if the transaction or lien was entered into or created before July 1, 2001. (B) Except as otherwise provided in division (C) of this section and sections 1309.703 to 1309.709 of the Revised Code: (1) Transactions or liens that were not governed by this chapter as it existed before J...