The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract. Source: L. 65: p. 1306, § 1. C.R.S. 1963: § 155-2-301. OFFICIAL COMMENT Prior Uniform Statutory Provision: Sections 11 and 41, Uniform Sales Act. Changes: Rewritten. Purposes of Changes: This […]
If the court, as a matter of law, finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application […]
Where this article allocates a risk or a burden as between the parties “unless otherwise agreed”, the agreement may not only shift the allocation but may also divide the risk or burden. Source: L. 65: p. 1307, § 1. C.R.S. 1963: § 155-2-303. OFFICIAL COMMENT Prior Uniform Statutory Provision: None. Purposes: This section is intended […]
The price can be made payable in money or otherwise. If it is payable in whole or in part in goods, each party is a seller of the goods which he is to transfer. Even though all or part of the price is payable in an interest in realty, the transfer of the goods and […]
The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if: Nothing is said as to price; or The price is left to be agreed by the parties and they fail […]
A term which measures the quantity by the output of the seller or the requirements of the buyer, means such actual output or requirements as may occur in good faith; except that no quantity unreasonably disproportionate to any stated estimate or, in the absence of a stated estimate, to any normal or otherwise comparable prior […]
Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery, and payment is due only on such tender; but where the circumstances give either party the right to make or demand delivery in lots, the price, if it can be apportioned, may be demanded for each […]
Unless otherwise agreed: The place for delivery of goods is the seller’s place of business or if he has none his residence; but 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 […]
The time for shipment or delivery or any other action under a contract, if not provided in this article or agreed upon, shall be a reasonable time. 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 […]
Unless otherwise agreed: Payment is due at the time and place at which the buyer is to receive the goods, even though the place of shipment is the place of delivery; and If the seller is authorized to send the goods, he may ship them under reservation, and may tender the documents of title, but […]
An agreement for sale which is otherwise sufficiently definite (subsection (3) of section 4-2-204) 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. […]
Subject to subsection (2) of this section, there is in a contract for sale a warranty by the seller that: The title conveyed shall be good, and its transfer rightful; and The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting […]
Express warranties by the seller are created as follows: 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. Any description of the goods […]
Unless excluded or modified (section 4-2-316), a warranty that the goods shall 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 […]
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 4-2-316, an implied warranty that the goods shall […]
Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this article on parol or extrinsic evidence (section 4-2-202), negation or limitation is inoperative to the extent that […]
Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable, the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply: Exact or technical specifications displace an inconsistent sample or model or general language of […]
A seller’s warranty whether express or implied extends to any person who may reasonably be expected to use, consume, or be affected by the goods and who is injured by breach of the warranty. A seller may not exclude or limit the operation of this section. Source: L. 65: p. 1312, § 1. C.R.S. 1963: […]
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: 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 this […]
The term “C.I.F.” means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term “C. & F.” or “C.F.” means that the price so includes cost and freight to the named destination. Unless otherwise agreed and even though used only in […]
