California Commercial Code CHAPTER 3 - General Obligation and Construction of Contract

  • Section 2301.
    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.(Enacted...
  • Section 2303.
    Where this division allocates a risk or a burden as between the parties “unless otherwise agreed,” the agreement may not only shift the allocation but...
  • Section 2304.
    (1) 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...
  • Section 2305.
    (1) 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...
  • Section 2306.
    (1) 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...
  • Section 2307.
    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...
  • Section 2308.
    Unless otherwise agreed(a) The place for delivery of goods is the seller’s place of business or if he has none his residence; but(b) In a contract for...
  • Section 2309.
    (1) The time for shipment or delivery or any other action under a contract if not provided in this division or agreed upon shall be a...
  • Section 2310.
    Unless otherwise agreed:(a) Payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment...
  • Section 2311.
    (1) An agreement for sale which is otherwise sufficiently definite (subdivision (3) of Section 2204) to be a contract is not made invalid by the fact...
  • Section 2312.
    (1) Subject to subdivision (2) there is in a contract for sale a warranty by the seller that(a) The title conveyed shall be good, and its transfer...
  • Section 2313.
    (1) Express warranties by the seller are created as follows:(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the...
  • Section 2314.
    (1) Unless excluded or modified (Section 2316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller...
  • Section 2315.
    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...
  • Section 2316.
    (1) 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...
  • Section 2317.
    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...
  • Section 2319.
    (1) 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,...
  • Section 2320.
    (1) 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...
  • Section 2321.
    Under a contract containing a term C.I.F. or C. & F.(1) Where the price is based on or is to be adjusted according to “net landed...
  • Section 2322.
    (1) Unless otherwise agreed a term for delivery of goods “ex-ship” (which means from the carrying vessel) or in equivalent language is not restricted to a...
  • Section 2323.
    (1) 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 must obtain...
  • Section 2324.
    Under a term “no arrival, no sale” or terms of like meaning, unless otherwise agreed,(a) The seller must properly ship conforming goods and if they arrive...
  • Section 2325.
    (1) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.(2) The delivery to seller of a...
  • Section 2326.
    (1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is(a) A “sale on approval”...
  • Section 2327.
    (1) Under sale on approval unless otherwise agreed(a) Although the goods are identified to the contract the risk of loss and the title do not pass to...
  • Section 2328.
    (1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.(2) A sale by auction is...

Last modified: October 22, 2018