Alaska Statutes Title 45, Chapter 45.02, Article 03 - General Obligation and Construction of Contract

• Sec. 45.02.301 General Obligations of Parties.
  The obligation of the seller is to transfer and deliver, and that of the buyer to accept and pay, in accordance with the contract.
• Sec. 45.02.302 Unconscionable Contract or Clause.
  (a) If the court as a matter of law finds the contract or a clause of the contract was unconscionable at the time it...
• Sec. 45.02.303 Allocation or Division of Risks.
  Where this chapter allocates a risk or a burden as between the parties "unless otherwise agreed," the agreement may not only shift the allocation...
• Sec. 45.02.304 Price Payable in Money, Goods, Realty, or Otherwise.
  (a) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods, each party...
• Sec. 45.02.305 Open Price Term.
  (a) The parties if they so intend can conclude a contract for sale even though the price is not settled. In this case the...
• Sec. 45.02.306 Output, Requirements, and Exclusive Dealings.
  (a) A term that measures the quantity by the output of the seller or the requirements of the buyer means such actual output or...
• Sec. 45.02.307 Delivery in Single Lot or Several Lots.
  Unless otherwise agreed, all goods called for by a contract for sale must be tendered in a single delivery and payment is due only...
• Sec. 45.02.308 Absence of Specified Place for Delivery.
  Unless otherwise agreed(1) the place for delivery of goods is the seller's place of business or if the seller has none the seller's residence;...
• Sec. 45.02.309 Absence of Specific Time Provisions; Notice of Termination.
  (a) The time for shipment or delivery or any other action under a contract if not provided in this chapter or agreed upon is...
• Sec. 45.02.310 Open Time for Payment or Running of Credit; Authority to Ship Under Reservation.
  Unless otherwise agreed,(1) payment is due at the time and place at which the buyer is to receive the goods even though the place...
• Sec. 45.02.311 Options and Cooperation Respecting Performance.
  (a) An agreement for sale that is otherwise sufficiently definite (AS 45.02.204 (c)) to be a contract is not made invalid by the fact...
• Sec. 45.02.312 Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement.
  (a) Subject to (b) of this section there is in a contract for sale a warranty by the seller that(1) the title conveyed shall...
• Sec. 45.02.313 Express Warranties by Affirmation, Promise, Description, Sample.
  (a) Express warranties by the seller are created as follows:(1) an affirmation of fact or promise made by the seller to the buyer that...
• Sec. 45.02.314 Implied Warranty: Merchantability; Usage of Trade.
  (a) Unless excluded or modified (AS 45.02.316 ), a warranty that the goods shall be merchantable is implied in a contract for their sale...
• Sec. 45.02.315 Implied Warranty: Fitness for Particular Purpose.
  If the seller at the time of contracting has reason to know a particular purpose for which the goods are required and that the...
• Sec. 45.02.316 Exclusion or Modification of Warranties.
  (a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be...
• Sec. 45.02.317 Cumulation and Conflict of Warranties Express or Implied.
  Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if that construction is unreasonable the intention...
• Sec. 45.02.318 Third-Party Beneficiaries of Warranties Express or Implied.
  A seller's warranty whether express or implied extends to a natural person who is in the family or household of the buyer or who...
• Sec. 45.02.319 F. O. B. and F. A. S. Terms.
  (a) 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...
• Sec. 45.02.320 C. I. F. and C. & F. Terms.
  (a) 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...
• Sec. 45.02.321 C. I. F. or C. & F.: "Net Landed Weights"; "Payment on Arrival"; Warranty of Conditions on Arrival.
  Under a contract containing a term C.I.F. or C. & F.,(1) if the price is based on or is to be adjusted according to...
• Sec. 45.02.322 Delivery "Ex-Ship.".
  (a) Unless otherwise agreed, a term for delivery of goods "ex-ship", which means from the carrying vessel, or in equivalent language is not restricted...
• Sec. 45.02.323 Form of Bill of Lading Required in Overseas Shipment; "Overseas.".
  (a) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller, unless otherwise agreed,...
• Sec. 45.02.324 "No Arrival, No Sale" Term.
  Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed,(1) the seller must properly ship conforming goods and if...
• Sec. 45.02.325 "Letter of Credit" Term; "Confirmed Credit.".
  (a) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.(b) The delivery to...
• Sec. 45.02.326 Sale on Approval and Sale or Return; Rights of Creditors.
  (a) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is(1) a...
• Sec. 45.02.327 Special Incidents of Sale on Approval and Sale or Return.
  (a) Under a sale on approval, unless otherwise agreed,(1) although the goods are identified to the contract, the risk of loss and the title...
• Sec. 45.02.328 Sale by Auction.
  (a) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.(b) A sale...
• Sec. 45.02.350 Sale by Door-To-door Solicitation.
  (a) A contract for the purchase of goods or services in the amount of $10 or more from a person soliciting a door-to-door sale...

Last modified: November 15, 2016