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California Commercial Code Section 2201

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(1) Except as otherwise provided in this section a contract
for the sale of goods for the price of five hundred dollars ($500) or
more is not enforceable by way of action or defense unless there is
some writing sufficient to indicate that a contract for sale has been
made between the parties and signed by the  party against whom
enforcement is sought or by his or her authorized agent or broker.  A
writing is not insufficient because it omits or incorrectly states a
term agreed upon but the  contract is not enforceable under this
paragraph beyond the quantity of goods shown in the writing.
   (2) Between merchants if within a reasonable time a writing in
confirmation of the contract and sufficient against the sender is
received and the party receiving it has reason to know its contents,
it satisfies the requirements of subdivision (1) against the party
unless written notice of objection to its contents is given within 10
days after it is received.
   (3) A contract which does not satisfy the requirements of
subdivision (1) but which is valid in other respects is enforceable:

   (a) If the goods are to be specially manufactured for the buyer
and are not suitable for sale to others in the ordinary course of the
seller's business and the seller, before notice of repudiation is
received and under circumstances which reasonably indicate that the
goods are for the buyer, has made either a substantial beginning of
their manufacture or commitments for their procurement;
   (b) If the party against whom enforcement is sought admits in his
or her pleading, testimony, or otherwise in court that a contract for
sale was made, but the contract is not enforceable under this
provision beyond the quantity of goods admitted; or
   (c) With respect to goods for which payment has been made and
accepted or which have been received and accepted (Section 2606).
   (4) Subdivision (1) of this section does not apply to a qualified
financial contract as that term is defined in paragraph (2) of
subdivision (b) of Section 1624 of the Civil Code if either (a) there
is, as provided in paragraph (3) of subdivision (b) of 1624 of the
Civil Code, sufficient evidence to indicate that a contract has been
made or (b) the parties thereto, by means of a prior or subsequent
written contract, have agreed to be bound by the terms of the
qualified financial contract from the time they reach agreement (by
telephone, by exchange of electronic messages, or otherwise) on those
terms.

Section: 2201  2202  2204  2205  2206  2207  2209  2210  Next

Last modified: July 31, 2008