Chapter 402

CHAPTER 402

UNIFORM COMMERCIAL CODE — SALES

SUBCHAPTER I

SHORT TITLE, GENERAL CONSTRUCTION
AND SUBJECT MATTER

402.101   Short title.

402.102   Scope; certain security and other transactions excluded from this chapter.

402.103   Definitions and index of definitions.

402.104   Definitions: “merchant”; “between merchants”; “financing agency”.

402.105   Definitions: transferability; “goods”; “future” goods; “lot”; “commercial unit”.

402.106   Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”.

402.107   Goods to be severed from realty: recording.

SUBCHAPTER II

FORM, FORMATION, AND READJUSTMENT
OF CONTRACT

402.201   Formal requirements; statute of frauds.

402.202   Final written expression: parol or extrinsic evidence.

402.203   Seals inoperative.

402.204   Formation in general.

402.205   Firm offers.

402.206   Offer and acceptance in formation of contract.

402.207   Additional terms in acceptance or confirmation.

402.208   Course of performance or practical construction.

402.209   Modification, rescission and waiver.

402.210   Delegation of performance; assignment of rights.

SUBCHAPTER III

GENERAL OBLIGATION AND CONSTRUCTION
OF CONTRACT

402.301   General obligations of parties.

402.302   Unconscionable contract or clause.

402.303   Allocation or division of risks.

402.304   Price payable in money, goods, realty, or otherwise.

402.305   Open price term.

402.306   Output, requirements and exclusive dealings.

402.307   Delivery in single lot or several lots.

402.308   Absence of specified place for delivery.

402.309   Absence of specific time provisions; notice of termination.

402.310   Open time for payment or running of credit; authority to ship under reservation.

402.311   Options and cooperation respecting performance.

402.312   Warranty of title and against infringements; buyer’s obligation against infringement.

402.313   Express warranties by affirmation, promise, description, sample.

402.314   Implied warranty: merchantability; usage of trade.

402.315   Implied warranty: fitness for particular purpose.

402.316   Exclusion or modification of warranties.

402.317   Cumulation and conflict of warranties express or implied.

402.318   Third-party beneficiaries of warranties, express or implied.

402.319   F.O.B. and F.A.S. terms.

402.320   C.I.F. and C.& F. terms.

402.321   C.I.F. or C.& F.: “net landed weights”; “payment on arrival”; warranty of condition on arrival.

402.322   Delivery “ex-ship”.

402.323   Form of bill of lading required in overseas shipment; “overseas”.

402.324   “No arrival, no sale” term.

402.325   “Letter of credit” term; “confirmed credit”.

402.326   Sale on approval and sale or return; rights of creditors.

402.327   Special incidents of sale on approval and sale or return.

402.328   Sale by auction.

SUBCHAPTER IV

TITLE, CREDITORS, AND GOOD FAITH PURCHASERS

402.401   Passing of title; reservation for security; limited application of this section.

402.402   Rights of seller’s creditors against sold goods.

402.403   Power to transfer; good faith purchase of goods; “entrusting”.

SUBCHAPTER V