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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Section 1302.56 | Payment by buyer before inspection - UCC 2-512.

...(A) Where the contract requires payment before inspection, nonconformity of the goods does not excuse the buyer from so making payment unless: (1) The nonconformity appears without inspection; or (2) Despite tender of the required documents the circumstances would justify injunction against honor under division (B) of section 1305.08 of the Revised Code. (B) Payment pursuant to division (A) of this section does no...

Section 1302.60 | Buyer's rights on improper delivery - UCC 2-601.

...y fail in any respect to conform to the contract, the buyer may: (A) reject the whole; or (B) accept the whole; or (C) accept any commercial unit or units and reject the rest.

Section 1302.65 | Effect of acceptance - notice of breach - burden of establishing breach after acceptance - notice of claim or litigation to person answerable over - UCC 2-607.

...(A) The buyer must pay at the contract rate for any goods accepted. (B) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by sections 1302.01 t...

Section 1302.69 | Retraction of anticipatory repudiation - UCC 2-611.

...he repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.

Section 1302.76 | Seller's remedies on discovery of buyer's insolvency - UCC 2-702.

...l goods theretofore delivered under the contract, and stop delivery under section 1302.79 of the Revised Code. (B) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten day limit...

Section 1302.82 | Seller's damages for non-acceptance or repudiation - UCC 2-708.

...ime and place for tender and the unpaid contract price together with any incidental damages provided in section 1302.84 of the Revised Code, but less expenses saved in consequence of the buyer's breach. (B) If the measure of damages provided in division (A) of this section is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit, including reasona...

Section 1302.87 | Buyer's damages for non-delivery or repudiation - UCC 2-713.

...the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in section 1302.89 of the Revised Code, but less expenses saved in consequence of the seller's breach. (B) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.

Section 1302.89 | Buyer's incidental and consequential damages - UCC 2-715.

...eeds of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (2) injury to person or property proximately resulting from any breach of warranty.

Section 1302.90 | Buyer's right to specific performance or replevin - UCC 2-716.

...of replevin for goods identified to the contract if after reasonable effort the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's r...

Section 1302.94 | Effect of cancellation or rescission on claims for antecedent breach - UCC 2-720.

...f "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.

Section 1302.95 | Remedies for fraud - UCC 2-721.

...ission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.

Section 1303.33 | Value and consideration - UCC 3-303.

...deration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in division (A) of this section, the instrument is ...

Section 1303.42 | Signature by representative - UCC 3-402.

...bound if the signature were on a simple contract. If the represented person is so bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument, whether or not identified in the instrument. (B) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represe...

Section 1303.66 | Discharge and effect of discharge - UCC 3-601.

... obligation to pay money under a simple contract. (B) The discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.

Section 1303.68 | Tender of payment - UCC 3-603.

...ble to tender of payment under a simple contract. (B) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. (C) If tender of ...

Section 1305.07 | Issuer's rights and obligations - UCC 5-108.

...nce or nonperformance of the underlying contract, arrangement, or transaction; (2) An act or omission of others; or (3) Observance or knowledge of the usage of a particular trade other than the standard practice referred to in division (E) of this section. (G) If an undertaking constituting a letter of credit under division (A)(10) of section 1305.01 of the Revised Code contains nondocumentary conditions, an issue...

Section 1306.06 | Electronic record or signature satisfies legal requirements.

...ecause it is in electronic form. (B) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (C) If a law requires a record to be in writing, an electronic record satisfies the law. (D) If a law requires a signature, an electronic signature satisfies the law.

Section 1306.09 | Effect of change or error in transmission.

...ng the law of mistake, and the parties' contract, if any. (C) Divisions (A)(2) and (B) of this section may not be varied by agreement.

Section 1306.16 | Enforceability against consumer.

...(A) A provision of a nonelectronic contract involving a consumer and to which a state agency or a county office is not a party that authorizes the conducting of a transaction or any part of a transaction by electronic means is unenforceable against the consumer, unless the consumer separately signs the provision. (B) A consumer's agreement to conduct a transaction or a part of a transaction electronically shall not ...

Section 1307.301 | Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load, and count"; improper handling - UCC 7-301.

... responsibility or liability under the contract of carriage to any person other than the shipper.

Section 1308.29 | Fulfilling duty to transfer.

...r's duty to transfer a security under a contract of purchase is not fulfilled until he: (1) Places a certificated security in form to be negotiated by the purchaser in the possession of the purchaser or of a person designated the purchaser; (2) Causes an uncertificated security to be registered in the name of the purchaser or a person designated by the purchaser; or (3) If the purchaser requests, causes an acknow...

Section 1309.108 | Sufficiency of description - UCC 9-108.

...underlying financial asset or commodity contract. (E) A description only by type of collateral defined in Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code is an insufficient description of: (1) A commercial tort claim; or (2) In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account.

Section 1309.208 | Additional duties of secured party having control of collateral - UCC 9-208.

... the security entitlement or commodity contract is maintained an authenticated record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party; and (5) A secured party having control of a letter-of-credit right under section 1309.107 of the Revised Code shall send to each person having an unf...

Section 1309.308 | When security interest or agricultural lien is perfected - continuity of perfection - UCC 9-308.

...ts a security interest in the commodity contracts carried in the commodity account.

Section 1309.309 | Security interest perfected upon attachment - UCC 9-309.

... (K) A security interest in a commodity contract or a commodity account created by a commodity intermediary; (L) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and (M) A security interest created by an assignment of a beneficial interest in a decedent's estate.