Ohio Revised Code Search
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Section 1302.21 | Absence of specified place for delivery - UCC 2-308.
... none his residence; but (B) in a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery; and (C) documents of title may be delivered through customary banking channels. |
Section 1302.22 | Absence of specific time provisions - notice of termination - UCC 2-309.
...e for shipment or delivery or any other action under a contract if not provided in sections 1302.01 to 1302.98, inclusive, of the Revised Code or agreed upon shall be a reasonable time. (B) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party. (C) Termination of a contract by ... |
Section 1302.23 | Open time for payment or running of credit - authority to ship under reservation - UCC 2-310.
...nconsistent with the terms of the contract as provided in section 1302.57 of the Revised Code; and (C) if delivery is authorized and made by way of documents of title otherwise than as provided in division (B) of this section, then payment is due regardless of where the goods are to be received (1) at the time and place at which the buyer is to receive delivery of the tangible documents or (2) at the time the ... |
Section 1302.24 | Options and cooperation respecting performance - UCC 2-311.
...302.07 of the Revised Code to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness. (B) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer's option and except as otherwise provided in divisions (A)(3) an... |
Section 1302.25 | Warranty of title and against infringement - buyer's obligation against infringement - UCC 2-312.
... (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 by specific language o... |
Section 1302.26 | Express warranties by affirmation, promise, description, sample - UCC 2-313.
...ed 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 shall conform to the description. (3) Any sample... |
Section 1302.27 | Implied warranty - merchantability - usage of trade - UCC 2-314.
...ll 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) pass without objection in the trade under the contract description; and (2) in the case of fungible goods are of fa... |
Section 1302.28 | Implied warranty - fitness for particular purpose - UCC 2-315.
...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. |
Section 1302.29 | Exclusion or modification of warranties - UCC 2-316.
...the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and (3) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade; and (4) with respe... |
Section 1302.30 | Cumulation and conflict of warranties express or implied - UCC 2-317.
...ntion 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 existing bulk displaces inconsistent general language of description. (C) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. |
Section 1302.31 | Third party beneficiaries of warranties express or implied - UCC 2-318.
...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. |
Section 1302.32 | F.O.B. and F.A.S. terms - UCC 2-319.
...(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... |
Section 1302.33 | C.I.F. and C. and F. terms - UCC 2-320.
...ual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and (4) prepare an invoice of the goods and procure any other documents required to effect shipment or to comply wit... |
Section 1302.34 | C.I.F. or C. and F. - net landed weights - payment on arrival - warranty of condition on arrival - UCC 2-321.
...Under a contract containing a term C.I.F. or C. & F.: (A) Where the price is based on or is to be adjusted according to "net landed weights ", "delivered weights ", "out turn" quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment due on tender of the documents called for by the contract is the amount so estimated, but after final adjustment of the price a... |
Section 1302.35 | Delivery ex-ship - UCC 2-322.
...(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 ... |
Section 1302.36 | Form of bill of lading required in overseas shipment - overseas defined - UCC 2-323.
...the commercial, financing, or shipping practices characteristic of international deep water commerce. |
Section 1302.37 | No arrival, no sale term - UCC 2-324.
...ted as no longer to conform to the contract or arrive after the contract time, the buyer may proceed as if there had been casualty to identified goods as provided in section 1302.71 of the Revised Code. |
Section 1302.38 | Letter of credit - confirmed credit - UCC 2-325.
...etter 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 contract for sale means an irrevocable credit issued by a... |
Section 1302.39 | Sale on approval and sale or return - rights of creditors - UCC 2-326.
...er 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 are subject to the claims of the buyer's creditor's while in the buyer's ... |
Section 1302.40 | Special incidents of sale on approval and sale or return - UCC 2-327.
...gh the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and (2) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and (3) after due notification of ele... |
Section 1302.41 | Sale by auction - UCC 2-328.
...e time. In either case a bidder may retract his bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid. (D) If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the go... |
Section 1302.42 | Passing of title - reservation for security - limited application of this section - UCC 2-401.
...Title to goods cannot pass under a contract for sale prior to their identification to the contract pursuant to section 1302.45 of the Revised Code, and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code. Any retention or reservation by the seller of the title... |
Section 1302.43 | Rights of seller's creditors against sold goods - UCC 2-402.
...ds which have been identified to a contract for sale are subject to the buyer's rights to recover the goods pursuant to sections 1302.46 and 1302.90 of the Revised Code. (B) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against the seller a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situate... |
Section 1302.44 | Power to transfer - good faith purchase of goods - entrusting defined - UCC 2-403.
... 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 dishonored, or (3) It was agreed that the transaction was to be a "cash sale", or (4) The delivery was procured through fraud punishable as larcenous under the criminal law. (... |
Section 1302.45 | Insurable interest in goods - manner of identification of goods - UCC 2-501.
...isting 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) when the contract is made if it is for the sale of goods already existing and identified; (2) if the ... |