Section 2–104. (1) ''Merchant'' means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
(2) ''Financing agency'' means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. ''Financing agency'' includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (section 2–707).
(3) ''Between merchants'' means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
Section 2-715 - Buyer's Incidental and Consequential Damages
Section 2-723 - Proof of Market Price: Time and Place
Section 2-716 - Buyer's Right to Specific Performance or Replevin
Section 2-717 - Deduction of Damages From Price
Section 2-718 - Liquidation or Limitation of Damages; Deposits
Section 2-719 - Contractual Modification or Limitation of Remedy
Section 2-720 - Effect of ''cancellation'' or ''rescission'' on Claims for Antecedent Breach
Section 2-721 - Remedies for Fraud
Section 2-722 - Who Can Sue Third Parties for Injury to Goods
Section 2-724 - Admissibility of Market Quotations
Section 2-512 - Payment by Buyer Before Inspection
Section 2-515 - Preserving Evidence of Goods in Dispute
Section 2-514 - When Documents Deliverable on Acceptance; When on Payment
Section 2-513 - Buyer's Right to Inspection of Goods
Section 2-714 - Buyer's Damages for Breach in Regard to Accepted Goods
Section 2-603 - Merchant Buyer's Duties as to Rightfully Rejected Goods
Section 2-510 - Effect of Breach on Risk of Loss
Section 2-509 - Risk of Loss in the Absence of Breach
Section 2-508 - Cure by Seller of Improper Tender or Delivery; Replacement
Section 2-507 - Effect of Seller's Tender; Delivery on Condition
Section 2-506 - Rights of Financing Agency
Section 2-505 - Seller's Shipment Under Reservation
Section 2-725 - Statute of Limitations in Contracts for Sale
Section 2-713 - Buyer's Damages for Non-Delivery or Repudiation
Section 2-707 - ''person in the Position of a Seller''
Section 2-711 - Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods
Section 2-504 - Shipment by Seller
Section 2-604 - Buyer's Options as to Salvage of Rightfully Rejected Goods
Section 2-605 - Waiver of Buyer's Objections by Failure to Particularize
Section 2-606 - What Constitutes Acceptance of Goods
Section 2-608 - Revocation of Acceptance in Whole or in Part
Section 2-609 - Right to Adequate Assurance of Performance
Section 2-610 - Anticipatory Repudiation
Section 2-611 - Retraction of Anticipatory Repudiation
Section 2-612 - ''installment Contract''; Breach
Section 2-613 - Casualty to Identified Goods
Section 2-614 - Substituted Performance
Section 2-615 - Excuse by Failure of Presupposed Conditions
Section 2-616 - Procedure on Notice Claiming Excuse
Section 2-701 - Remedies for Breach of Collateral Contracts Not Impaired
Section 2-702 - Seller's Remedies on Discovery of Buyer's Insolvency
Section 2-703 - Seller's Remedies in General
Section 2-705 - Seller's Stoppage of Delivery in Transit or Otherwise
Section 2-706 - Seller's Resale Including Contract for Resale
Section 2-708 - Seller's Damages for Non-Acceptance or Repudiation
Section 2-709 - Action for the Price
Section 2-710 - Seller's Incidental Damages
Section 2-712 - ''cover''; Buyer's Procurement of Substitute Goods
Section 2-503 - Manner of Seller's Tender of Delivery
Section 2-511 - Tender of Payment by Buyer; Payment by Check
Section 2-501 - Insurable Interest in Goods; Manner of Identification of Goods
Section 2-304 - Price Payable in Money, Goods, Realty, or Otherwise
Section 2-305 - Open Price Term
Section 2-306 - Output, Requirements and Exclusive Dealings
Section 2-307 - Delivery in Single Lot or Several Lots
Section 2-308 - Absence of Specified Place for Delivery
Section 2-309 - Absence of Specific Time Provisions; Notice of Termination
Section 2-310 - Open Time for Payment or Running of Credit; Authority to Ship Under Reservation
Section 2-303 - Allocation or Division of Risks
Section 2-311 - Options and Co-Operation Respecting Performance
Section 2-313 - Express Warranties by Affirmation, Promise, Description, Sample
Section 2-314 - Implied Warranty: Merchantability; Usage of Trade
Section 2-315 - Implied Warranty; Fitness for Particular Purpose
Section 2-316 - Exclusion or Modification of Warranties
Section 2-316a - Limitation on Exclusion or Modification of Warranties
Section 2-317 - Cumulation and Conflict of Warranties Express or Implied
Section 2-312 - Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement
Section 2-302 - Unconscionable Contract or Clause
Section 2-301 - General Obligations of Parties
Section 2-210 - Delegation of Performance; Assignment of Rights
Section 2-602 - Manner and Effect of Rightful Rejection
Section 2-102 - Scope; Certain Security and Other Transactions Excluded From This Article
Section 2-103 - Definitions and Index of Definitions
Section 2-104 - Definitions: ''merchant''; ''between Merchants''; ''financing Agency''
Section 2-107 - Goods to Be Severed From Realty; Recording
Section 2-201 - Formal Requirements: Statute of Frauds
Section 2-202 - Final Written Expression: Parol or Extrinsic Evidence
Section 2-203 - Seals Inoperative
Section 2-204 - Formation in General
Section 2-206 - Offer and Acceptance in Formation of Contract
Section 2-207 - Additional Terms in Acceptance or Confirmation
Section 2-209 - Modification, Rescission and Waiver
Section 2-319 - f.o.b. and f.a.s. Terms
Section 2-502 - Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency
Section 2-601 - Buyer's Rights on Improper Delivery
Section 2-323 - Form of Bill of Lading Required in Overseas Shipment; ''overseas''
Section 2-403 - Power to Transfer; Good Faith Purchase of Goods; ''entrusting''
Section 2-402 - Rights of Seller's Creditors Against Sold Goods
Section 2-401 - Passing of Title; Reservation for Security; Limited Application of This Section
Section 2-328 - Sale by Auction
Section 2-327 - Special Incidents of Sale on Approval and Sale or Return
Section 2-326 - Sale on Approval and Sale or Return; Rights of Creditors
Section 2-325 - ''letter of Credit'' Term; ''confirmed Credit''
Section 2-324 - ''no Arrival, No Sale'' Term