Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
174-1962-2-1 - Part 1 Short Title, General Construction and Subject Matter (440.2101...440.2107)
Section 440.2101 - Uniform Commercial Code—sales; Short Title. - Sec. 2101. This article shall be known and may be...
Section 440.2102 - Application of Article; Security and Other Transactions Excluded. - Sec. 2102. Unless the context otherwise requires, this article applies...
Section 440.2103 - Article 2; Definitions. - Sec. 2103. (1) In this article unless the context otherwise...
Section 440.2104 - “Merchant," “Financing Agency,” and “Between Merchants” Defined. - Sec. 2104. (1) "Merchant" means a person that deals in...
Section 440.2105 - Goods, Lot, Commercial Unit; Definitions. - Sec. 2105. (1) "Goods" means all things (including specially manufactured...
Section 440.2106 - Contract, Agreement, Contract for Sale, Sale, Present Sale; Definitions of Certain Terms. - Sec. 2106. (1) In this article unless the context otherwise...
Section 440.2107 - Contract for Sale of Property Removable or Severable From Realty as Contract for Sale of Goods; Third Party Rights; Execution and Recording as Notice to Third Parties. - Sec. 2107. (1) A contract for the sale of minerals...
174-1962-2-2 - Part 2 Form, Formation and Readjustment of Contracts (440.2201...440.2210)
Section 440.2201 - Formal Requirements; Statute of Frauds. - Sec. 2201. (1) Except as otherwise provided in this section,...
Section 440.2202 - Final Written Expression of Agreement; Parol or Extrinsic Evidence. - Sec. 2202. Terms with respect to which the confirmatory memoranda...
Section 440.2203 - Seals. - Sec. 2203. The affixing of a seal to a writing...
Section 440.2204 - Contract for Sale; Formation, Conduct, Time, Open Terms. - Sec. 2204. (1) A contract for sale of goods may...
Section 440.2205 - Firm Offers. - Sec. 2205. An offer by a merchant to buy or...
Section 440.2206 - Offer and Acceptance in Formation of Contract. - Sec. 2206. (1) Unless otherwise unambiguously indicated by the language...
Section 440.2207 - Additional or Different Terms in Acceptance; Contract by Conduct. - Sec. 2207. (1) A definite and seasonable expression of acceptance...
Section 440.2208 - Repealed. 2012, Act 86, Eff. July 1, 2013. - Compiler's Notes: The repealed section pertained to course of performance.
Section 440.2209 - Modification; Rescission; Waiver, Retraction. - Sec. 2209. (1) An agreement modifying a contract within this...
Section 440.2210 - Delegation of Performance; Assignment of Rights. - Sec. 2210. (1) A party may perform that party's duty...
174-1962-2-3 - Part 3 General Obligation and Construction of Contract (440.2301...440.2328)
Section 440.2301 - Obligations of Seller and Buyer. - Sec. 2301. The obligation of the seller is to transfer...
Section 440.2302 - Unconscionable Contract or Clause. - Sec. 2302. (1) If the court as a matter of...
Section 440.2303 - Allocation or Division of Risk or Burden. - Sec. 2303. Where this article allocates a risk or a...
Section 440.2304 - Price; Payment in Money, Goods, Realty, or Otherwise. - Sec. 2304. (1) The price can be made payable in...
Section 440.2305 - Open Price Term; Fixed Price. - Sec. 2305. (1) The parties if they so intend can...
Section 440.2306 - Output of Seller; Requirement of Buyer; Exclusive Dealing. - Sec. 2306. (1) A term which measures the quantity by...
Section 440.2307 - Delivery in Single Lot or Several Lots; Payment. - Sec. 2307. Unless otherwise agreed all goods called for by...
Section 440.2308 - Place for Delivery of Goods and Documents of Title. - Sec. 2308. Unless otherwise agreed (a) the place for delivery...
Section 440.2309 - Time of Performance; Contract Termination. - Sec. 2309. (1) The time for shipment or delivery or...
Section 440.2310 - Open Time and Place for Payment or Running of Credit; Shipment Under Reservation; Inspection. - Sec. 2310. Unless otherwise agreed, all of the following apply:...
Section 440.2311 - Specification of Performance; Assortment and Shipment of Goods; Remedies. - Sec. 2311. (1) An agreement for sale which is otherwise...
Section 440.2312 - Warranties of Title; Freedom From Liens. - Sec. 2312. (1) Subject to subsection (2) there is in...
Section 440.2313 - Creation of Express Warranties by Seller. - Sec. 2313. (1) Express warranties by the seller are created...
Section 440.2313b - Express Warranty; Extension; Merchant or Warrantor to Give Purchaser Writing Stating Time Period. - Sec. 2313b. An express warranty covering goods sold to a...
Section 440.2314 - Implied Warranty; Merchantability, Course of Dealing, Usage of Trade. - Sec. 2314. (1) Unless excluded or modified (section 2316), a...
Section 440.2315 - Implied Warranty; Fitness for Particular Purpose. - Sec. 2315. Where the seller at the time of contracting...
Section 440.2316 - Words or Conduct Relevant to Creation of Express Warranty and Tending to Negate or Limit Warranty; Construction; Excluding or Modifying Implied Warranty of Merchantability and Implied Warranty of Fitness; Language; Example; Limitin... - Sec. 2316. (1) Words or conduct relevant to the creation...
Section 440.2317 - Warranties; Cumulation and Conflict. - Sec. 2317. Warranties whether express or implied shall be construed...
Section 440.2318 - Warranties; Third Party Beneficiaries. - Sec. 2318. A seller's warranty whether express or implied extends...
Section 440.2319 - f.o.b. and f.a.s. Terms. - Sec. 2319. (1) Unless otherwise agreed the term F.O.B. (which...
Section 440.2320 - c.i.f. and C. & F. Terms. - Sec. 2320. (1) The term C.I.F. means that the price...
Section 440.2321 - c.i.f. and C. & F. Terms, Net Landed Weights, Delivered Weights, Out Turn; Warranty of Condition on Arrival, Inspection Before Payment. - Sec. 2321. Under a contract containing a term C.I.F. or...
Section 440.2322 - Delivery Exship. - Sec. 2322. (1) Unless otherwise agreed a term for delivery...
Section 440.2323 - Overseas Shipment; Bill of Lading, Form. - Sec. 2323. (1) If a contract contemplates overseas shipment and...
Section 440.2324 - No Arrival, No Sale Terms. - Sec. 2324. Under a term "no arrival, no sale" or...
Section 440.2325 - Letter of Credit or Banker's Credit; Confirmed Credit; Definitions. - Sec. 2325. (1) Failure of the buyer seasonably to furnish...
Section 440.2326 - Transaction as “Sale on Approval” or “Sale or Return” if Delivered Goods Returnable by Buyer; Claims of Creditors; Effect of “Or Return” Term of Contract for Sale; Work of Fine Art Not Subject to Claims of Art Dealer's Creditors; “... - Sec. 2326. (1) Unless otherwise agreed, if delivered goods may...
Section 440.2327 - Sale on Approval; Sale or Return; Special Incidents. - Sec. 2327. (1) Under a sale on approval unless otherwise...
Section 440.2328 - Sale by Auction; Sale With Reserve; Forced Sale. - Sec. 2328. (1) In a sale by auction if goods...
174-1962-2-4 - Part 4 Title, Creditors and Good Faith Purchasers (440.2401...440.2403)
Section 440.2401 - Passing of Title; Reservation for Security; Limited Application of Section; Rejection; Revesting. - Sec. 2401. Each provision of this article with regard to...
Section 440.2402 - Rights of Seller's Creditors Against Sold Goods. - Sec. 2402. (1) Except as provided in subsections (2) and...
Section 440.2403 - Purchasers and Transferees; Title, Rights, and Powers to Transfer Goods; Entrusting. - Sec. 2403. (1) A purchaser of goods acquires all title...
174-1962-2-5 - Part 5 Performance (440.2501...440.2515)
Section 440.2501 - Special Property and Insurable Interest in Goods; Identification of Goods. - Sec. 2501. (1) The buyer obtains a special property and...
Section 440.2502 - Special Property and Insurable Interest in Goods. - Sec. 2502. (1) Subject to subsections (2) and (3) and...
Section 440.2503 - Tender of Delivery by Seller; Shipment; Destination; Goods in Possession of Bailee; Documents. - Sec. 2503. (1) Tender of delivery requires that the seller...
Section 440.2504 - Delivery by Shipment; Contract With Carrier, Documents, Notice. - Sec. 2504. Where the seller is required or authorized to...
Section 440.2505 - Shipment With and Without Reservation by Seller. - Sec. 2505. (1) Both of the following apply if a...
Section 440.2506 - Financing Agency; Rights; Reimbursement. - Sec. 2506. (1) A financing agency by paying or purchasing...
Section 440.2507 - Tender of Delivery; Conditions, Payment. - Sec. 2507. (1) Tender of delivery is a condition to...
Section 440.2508 - Improper Delivery; Cure, Replacement. - Sec. 2508. (1) Where any tender or delivery by the...
Section 440.2509 - Risk of Loss; Absence of Breach. - Sec. 2509. (1) The following apply if a contract requires...
Section 440.2510 - Risk of Loss; Effect of Breach. - Sec. 2510. (1) Where a tender or delivery of goods...
Section 440.2511 - Payment by Buyer; Tender, Check. - Sec. 2511. (1) Unless otherwise agreed tender of payment is...
Section 440.2512 - Payment by Buyer; Inspection, Nonconforming Goods. - Sec. 2512. (1) If the contract requires payment before inspection...
Section 440.2513 - Inspection by Buyer; Time, Expenses, Place, Method. - Sec. 2513. (1) Unless otherwise agreed and subject to subsection...
Section 440.2514 - Documents; Delivery to Drawee on Acceptance or Payment. - Sec. 2514. Unless otherwise agreed documents against which a draft...
Section 440.2515 - Adjustment of Dispute; Preservation of Evidence, Inspection. - Sec. 2515. In furtherance of the adjustment of any claim...
174-1962-2-6 - Part 6 Breach, Repudiation and Excuse (440.2601...440.2616)
Section 440.2601 - Improper Delivery; Buyer's Rights. - Sec. 2601. Subject to the provisions of this article on...
Section 440.2602 - Rejection of Goods. - Sec. 2602. (1) Rejection of goods must be within a...
Section 440.2603 - Rejection of Goods; Merchant Buyer's Duties. - Sec. 2603. (1) Subject to any security interest in the...
Section 440.2604 - Rejection of Goods; Buyer's Options. - Sec. 2604. Subject to the provisions of the immediately preceding...
Section 440.2605 - Rejection of Goods; Failure of Buyer to Particularize Defect. - Sec. 2605. (1) A buyer's failure to state in connection...
Section 440.2606 - Acceptance of Goods; Occurrence. - Sec. 2606. (1) Acceptance of goods occurs when the buyer...
Section 440.2607 - Acceptance of Goods; Effect; Notice of Breach; Burden of Establishing Breach; Notice of Claim or Litigation to Person Answerable. - Sec. 2607. (1) The buyer must pay at the contract...
Section 440.2608 - Acceptance of Goods; Revocation, Time, Notice, Effect. - Sec. 2608. (1) The buyer may revoke his acceptance of...
Section 440.2609 - Contract for Sale; Performance; Insecurity, Demand, Assurance of Due Performance. - Sec. 2609. (1) A contract for sale imposes an obligation...
Section 440.2610 - Anticipatory Repudiation. - Sec. 2610. When either party repudiates the contract with respect...
Section 440.2611 - Anticipatory Repudiation; Retraction. - Sec. 2611. (1) Until the repudiating party's next performance is...
Section 440.2612 - Installment Contract; Breach. - Sec. 2612. (1) An "installment contract" is one which requires...
Section 440.2613 - Casualty to Identified Goods; Total Loss; Partial Loss, Option of Buyer. - Sec. 2613. Where the contract requires for its performance goods...
Section 440.2614 - Substituted Performance; Acceptance, Payment. - Sec. 2614. (1) Where without fault of either party the...
Section 440.2615 - Failure of Presupposed Conditions; Nondelivery, Partial Delivery, Excuse. - Sec. 2615. Except so far as a seller may have...
Section 440.2616 - Procedure on Notice Claiming Excuse. - Sec. 2616. (1) Where the buyer receives notification of a...
174-1962-2-7 - Part 7 Remedies (440.2701...440.2725)
Section 440.2701 - Collateral or Ancillary Contracts; Remedies for Breach. - Sec. 2701. Remedies for breach of any obligation or promise...
Section 440.2702 - Insolvency of Buyer; Remedies of Seller. - Sec. 2702. (1) Where the seller discovers the buyer to...
Section 440.2703 - Buyer's Wrongful Rejection, Revocation of Acceptance, or Nonpayment; Remedies of Seller. - Sec. 2703. Where the buyer wrongfully rejects or revokes acceptance...
Section 440.2704 - Buyer's Wrongful Rejection, Revocation of Acceptance, or Nonpayment; Identification of Goods; Resale; Salvage. - Sec. 2704. (1) An aggrieved seller under the preceding section...
Section 440.2705 - Stoppage of Delivery in Transit or Otherwise; Conditions; Notice to Bailee. - Sec. 2705. (1) A seller may stop delivery of goods...
Section 440.2706 - Buyer's Wrongful Rejection, Revocation of Acceptance, or Nonpayment; Resale by Seller; Recovery of Loss; Notice to Buyer; Profit. - Sec. 2706. (1) Under the conditions stated in section 2703...
Section 440.2707 - Person in the Position of a Seller. - Sec. 2707. (1) A "person in the position of a...
Section 440.2708 - Nonacceptance or Repudiation; Seller's Damages. - Sec. 2708. (1) Subject to subsection (2) and to the...
Section 440.2709 - Nonpayment; Action for Price, Damages. - Sec. 2709. (1) When the buyer fails to pay the...
Section 440.2710 - Seller's Incidental Damages. - Sec. 2710. Incidental damages to an aggrieved seller include any...
Section 440.2711 - Nondelivery, Repudiation, Rejection, or Revocation of Acceptance; Buyer's Remedies; Security Interest in Goods. - Sec. 2711. (1) Where the seller fails to make delivery...
Section 440.2712 - Cover; Procurement of Substitute Goods; Buyer's Damages. - Sec. 2712. (1) After a breach within the preceding section...
Section 440.2713 - Nondelivery or Repudiation; Buyer's Damages. - Sec. 2713. (1) Subject to the provisions of this article...
Section 440.2714 - Accepted Goods; Buyer's Damages for Breach. - Sec. 2714. (1) Where the buyer has accepted goods and...
Section 440.2715 - Buyer's Incidental and Consequential Damages. - Sec. 2715. (1) Incidental damages resulting from the seller's breach...
Section 440.2716 - Specific Performance; Replevin; Claim and Delivery. - Sec. 2716. (1) Specific performance may be decreed where the...
Section 440.2717 - Deduction of Damages From Price; Notice. - Sec. 2717. The buyer on notifying the seller of his...
Section 440.2718 - Liquidation and Limitation of Damages; Restitution to Buyers. - Sec. 2718. (1) Damages for breach by either party may...
Section 440.2719 - Contractual Modification or Limitation of Remedies. - Sec. 2719. (1) Subject to the provisions of subsections (2)...
Section 440.2720 - Cancellation, Rescission, Antecedent Breach. - Sec. 2720. Unless the contrary intention clearly appears, expressions of...
Section 440.2721 - Remedies for Misrepresentation or Fraud. - Sec. 2721. Remedies for material misrepresentation or fraud include all...
Section 440.2722 - Right of Action Against Third Party for Injury to Goods. - Sec. 2722. Where a third party so deals with goods...
Section 440.2723 - Evidence of Market Price; Time, Place, Surprise. - Sec. 2723. (1) If an action based on anticipatory repudiation...
Section 440.2724 - Evidence of Market Price; Market Quotations, Admissibility. - Sec. 2724. Whenever the prevailing price or value of any...
Section 440.2725 - Statute of Limitations in Contracts for Sale; Contractual Reduction. - Sec. 2725. (1) An action for breach of any contract...