21. For inventory that is shipped FOB destination, title transfers from the seller to the buyer once the seller…
UCC Article 2 Section 2-301 states the obligation of the seller is to transfer and deliver and the buyer is to accept and pay in accordance to the contract.…
* c. If the arrangement includes a general right of return relative to the delivered item, delivery or performance of the undelivered item or items is considered probable and substantially in the control of the vendor…
The Purchaser's exclusive remedy and the Seller's limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the purchase price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Purchaser.…
Below are the rules found in Mass. Gen. Laws ch. 149, § 148B. These rules must be applied to the facts of the case to assess the fault or culpability of the litigants. Below is cited via United States District Court District of Massachusetts Civil Action 11-10313-GAO (2013).…
In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced. Because of Knarles long-term relationships with building owners, these contracts that were once in writing are generally renewed without a new written agreement. Often Knarles and Barkley will replace outdated and broken equipment such as water heaters and boilers that are part of a building's heating system. Further, as part of maintenance they regularly wash windows, remove snow and do touch-up painting as required.…
The contract’s transportation subpart states that shipments shall be delivered in good order and condition to the point of delivery specified in the contract. Following this statement, a contractor (trucker) is responsible for any loss and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract.…
Example: Heart of Texas Dodge, Inc. v. Star Coach L.L.C.: The customization of a truck was found to be a sale of services rather than a sale of goods because the predominant feature was the furnishing of services and labor.…
Reduction below list or catalog price that is negotiated in setting the price of goods.…
A destination contract requires the seller to deliver conforming goods to a specific destination.The risk of loss in a destination contract is on the seller while the goods are in transport.The buyer doesn’t have to pay for destroyed goods.The risk of loss does not pass until the goods are tendered to the buyer at the specified destination.…
I believe that it was necessary for the SEC to provide this guidance, as the phrase/words “realized and earned” are extremely broad and open to interpretation. Just stating those two words leaves a large amount of room for manipulation by companies since they may all choose to realize and earn revenue whatever way that makes their financials look best. By providing more detailed guidance, companies report on a more comparable basis or level playing field.…
Good Faith. The UCC imposes a duty of good faith in the performance of all contracts. For a merchant, good faith means honesty in fact plus the exercise of reasonable commercial standards of fair dealing.…
LAW: UCC § 2–607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over. UCC § 2–717. Deduction of Damages From the Price. UCC § 2-712. "Cover"; Buyer's Procurement of Substitute Goods. UCC § 2-607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over.…
accordance with Article 2 (Sales) of the UCC. There are a few factors in which a contract is…
Risk of Loss – there is a split of authority on risk of loss when a contract is signed, equity is passed to buyer through escrow and the risk of loss is on buyer. If property is destroyed before closing, the majority rule places the risk on the buyer. If the property is damaged or destroyed, the seller is to credit any monies from the insurance against the purchase price the buyer is required to pay.…