Ohio Revised Code Search

...reed, title passes to the buyer at the time and place at which the seller completes performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading: (1) If the contract requires or authori...

...nt-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 satisfaction of or as securi...

...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) The transferor was deceived as to the identity of the purchaser, or (2) The delivery was in exchange for a check which is later d...

...n the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve months after contracting or for the sale of crops to be harvested within twelve months or the next normal harvest season after contracting whichever is longer. (B) The seller retains an insurable interest in goods so long as title to or any security interest in...

...d portion of their price recover them from the seller if: (1) In the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or (2) In all cases, the seller becomes insolvent within ten days after receipt of the first installment on their price. (B) The buyer's right to recover the goods under division (A)(1) of this section vests upo...

...pment, tender requires that the seller comply with its provisions. (C) Where the seller is required to deliver at a particular destination, tender requires that the seller comply with division (A) of this section and also in any appropriate case tender documents as described in divisions (D) and (E) of this section. (D) Where goods are in the possession of a bailee and are to be delivered without being moved: ...

...nces of the case; and (B) obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and (C) promptly notify the buyer of the shipment. Failure to notify the buyer under division (C) of this section or to make a proper contract under division (A) of this section is a ground for rejection...

...the seller's own self or the seller's nominee reserves possession of the goods as security but except in a case of conditional delivery as provided in section 1302.51 of the Revised Code, a non-negotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading. (B) When shipment by the seller with reservation of a se...

...h honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular.

...(A) 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. (B) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his ma...

...rejected because non-conforming 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. (B) Where the buyer rejects a non-conforming tender which the seller had reasonable ground to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buy...

... the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation as provided in section 1302.49 of the Revised Code; but (2) if it does require the seller to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly s...

...the buyer for a commercially reasonable time.

...legal tender and gives any extension of time reasonably necessary to procure it. (C) Subject to section 1303.61 of the Revised Code, payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.

...f 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 not constitute an acceptance of goods or impair the buyer's right to inspect...

...inspect the goods before payment of the price when the contract provides: (1) for delivery "C.O.D" or on other like terms; or (2) for payment against documents of title, except where such payment is due only after the goods are to become available for inspection. (D) A place or method of inspection fixed by the parties is presumed to be exclusive but unless otherwise expressly agreed it does not postpone identific...

...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.

...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 possession or control of the other; and (B) the parties may agree to a third party inspection or survey to determine the conformity or condi...

...) accept the whole; or (C) accept any commercial unit or units and reject the rest.

...rship by the buyer with respect to any commercial unit is wrongful as against the seller; and (2) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of division (C) of section 1302.85 of the Revised Code, he is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit ...

...ves 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 seller's account with reimbursement as provided in divisions (A), (B), and (C) of this section. Such action is not acceptance or conversion.

... it if stated seasonably; or (2) between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely. (B) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.

... him. (B) Acceptance of a part of any commercial unit is acceptance of that entire unit.

...ify the seller of breach or be barred from any remedy; and (2) if the claim is one for infringement or the like pursuant to division (C) of section 1302.25 of the Revised Code and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation. (D) The burden ...

...ceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it. (C) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.