Ohio Revised Code Chapter 1302 - Sales

• Section 1302.01 - Definitions - Ucc 2-103 To 2-106.
  (A) As used in sections 1302.01 to 1302.98 of the Revised Code, unless the context otherwise requires: (1) "Buyer" means a person who buys...
• Section 1302.02 - Scope - Certain Security And Other Transactions Excluded - Ucc 2-102.
  Unless the context otherwise requires, sections 1302.01 to 1302.98, inclusive, of the Revised Code, apply to transactions in goods; they do not apply to...
• Section 1302.03 - Goods To Be Severed From Realty - Recording - Ucc 2-107.
  (A) A contract for the sale of minerals or the like, including oil and gas, or a structure or its materials to be removed...
• Section 1302.04 - Formal Requirements - Statute Of Frauds - Ucc 2-201.
  (A) Except as otherwise provided in this section a contract for the sale of goods for the price of five hundred dollars or more...
• Section 1302.05 - Final Written Expression - Parol Or Extrinsic Evidence - Ucc 2-202.
  Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the...
• Section 1302.06 - Seals Inoperative - Ucc 2-203.
  The affixing of a seal to a writing evidencing a contract for sale or an offer to buy or sell goods does not constitute...
• Section 1302.07 - Formation In General - Ucc 2-204.
  (A) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes...
• Section 1302.08 - Firm Offers - Ucc 2-205.
  An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be...
• Section 1302.09 - Offer And Acceptance In Formation Of Contract - Ucc 2-206.
  (A) Unless otherwise unambiguously indicated by the language or circumstances: (1) an offer to make a contract shall be construed as inviting acceptance in...
• Section 1302.10 - Additional Terms In Acceptance Or Confirmation - Ucc 2-207.
  (A) A definite and seasonable expression of acceptance or a written confirmation that is sent within a reasonable time operates as an acceptance even...
• Section 1302.11 - [Repealed].
  Repealed by 129th General AssemblyFile No.9, HB 9, §2, eff. 6/29/2011. Effective Date: 07-01-1962
• Section 1302.12 - Modification, Rescission, And Waiver - Ucc 2-209.
  (A) An agreement modifying a contract within sections 1302.01 to 1302.98, inclusive, of the Revised Code, needs no consideration to be binding. (B) A...
• Section 1302.13 - Delegation Of Performance - Assignment Of Rights - Ucc 2-210.
  (A) A party may perform the party's duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in...
• Section 1302.14 - General Obligations Of Parties - Ucc 2-301.
  The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the...
• Section 1302.15 - Unconscionable Contract Or Clause - Ucc 2-302.
  (A) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the...
• Section 1302.16 - Allocation Or Division Of Risks - Ucc 2-303.
  Where the provisions of sections 1302.01 to 1302.98, inclusive, of the Revised Code allocate a risk or a burden as between the parties "unless...
• Section 1302.17 - Price Payable In Money, Goods, Realty, Or Otherwise - Ucc 2-304.
  (A) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party...
• Section 1302.18 - Open Price Term - Ucc 2-305.
  (A) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case...
• Section 1302.19 - Output, Requirements, And Exclusive Dealings - Ucc 2-306.
  (A) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or...
• Section 1302.20 - Delivery In Single Lot Or Several Lots - Ucc 2-307.
  Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only...
• Section 1302.21 - Absence Of Specified Place For Delivery - Ucc 2-308.
  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...
• Section 1302.22 - Absence Of Specific Time Provisions - Notice Of Termination - Ucc 2-309.
  (A) The time for shipment or delivery or any other action under a contract if not provided in sections 1302.01 to 1302.98, inclusive, of...
• Section 1302.23 - Open Time For Payment Or Running Of Credit - Authority To Ship Under Reservation - Ucc 2-310.
  Unless otherwise agreed: (A) Payment is due at the time and place at which the buyer is to receive the goods even though the...
• Section 1302.24 - Options And Cooperation Respecting Performance - Ucc 2-311.
  (A) An agreement for sale which is otherwise sufficiently definite as provided in division (C) of section 1302.07 of the Revised Code to be...
• Section 1302.25 - Warranty Of Title And Against Infringement - Buyer's Obligation Against Infringement - Ucc 2-312.
  (A) Subject to division (B) of this section there is in a contract for sale a warranty by the seller that: (1) The title...
• Section 1302.26 - Express Warranties By Affirmation, Promise, Description, Sample - Ucc 2-313.
  (A) Express warranties by the seller are created as follows: (1) Any affirmation of fact or promise made by the seller to the buyer...
• Section 1302.27 - Implied Warranty - Merchantability - Usage Of Trade - Ucc 2-314.
  (A) Unless excluded or modified as provided in section 1302.29 of the Revised Code, a warranty that the goods shall be merchantable is implied...
• Section 1302.28 - Implied Warranty - Fitness For Particular Purpose - Ucc 2-315.
  Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the...
• Section 1302.29 - Exclusion Or Modification Of Warranties - Ucc 2-316.
  (A) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be...
• Section 1302.30 - Cumulation And Conflict Of Warranties Express Or Implied - Ucc 2-317.
  Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention...
• Section 1302.31 - Third Party Beneficiaries Of Warranties Express Or Implied - Ucc 2-318.
  A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who...
• Section 1302.32 - F. O. B. And F. A. S. Terms - Ucc 2-319.
  (A) Unless otherwise agreed the term F.O.B. (which means "free on board") at a name place, even though used only in connection with the...
• Section 1302.33 - C. I. F. And C. And F. Terms - Ucc 2-320.
  (A) The term C.I.F. means the price includes in a lump sum the cost of the goods and the insurance and freight to the...
• Section 1302.34 - C. I. F. Or C. And F. - Net Landed Weights - Payment On Arrival - Warranty Of Condition On Arrival - Ucc 2-321.
  Under a contract containing a term C.I.F. or C. & F.: (A) Where the price is based on or is to be adjusted according...
• Section 1302.35 - Delivery Ex-ship - Ucc 2-322.
  (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...
• Section 1302.36 - Form Of Bill Of Lading Required In Overseas Shipment - Overseas Defined - Ucc 2-323.
  (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...
• Section 1302.37 - No Arrival, No Sale Term - Ucc 2-324.
  Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed: (A) the seller must properly ship conforming goods and...
• Section 1302.38 - Letter Of Credit - Confirmed Credit - Ucc 2-325.
  (A) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale. (B) The delivery...
• Section 1302.39 - Sale On Approval And Sale Or Return - Rights Of Creditors - Ucc 2-326.
  (A) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is: (1)...
• Section 1302.40 - Special Incidents Of Sale On Approval And Sale Or Return - Ucc 2-327.
  (A) Under a sale on approval unless otherwise agreed: (1) although the goods are identified to the contract the risk of loss and the...
• Section 1302.41 - Sale By Auction - Ucc 2-328.
  (A) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (B) A...
• Section 1302.42 - Passing Of Title - Reservation For Security - Limited Application Of This Section - Ucc 2-401.
  Each provision of sections 1302.01 to 1302.98 of the Revised Code with regard to the rights, obligations, and remedies of the seller, the buyer,...
• Section 1302.43 - Rights Of Seller's Creditors Against Sold Goods - Ucc 2-402.
  (A) Except as provided in divisions (B) and (C) of this section, rights of unsecured creditors of the seller with respect to goods which...
• Section 1302.44 - Power To Transfer - Good Faith Purchase Of Goods - Entrusting Defined - Ucc 2-403.
  (A) A purchaser of goods acquires all title which the transferor had or had power to transfer except that a purchaser of a limited...
• Section 1302.45 - Insurable Interest In Goods - Manner Of Identification Of Goods - Ucc 2-501.
  (A) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract...
• Section 1302.46 - Buyer's Right To Goods On Seller's Repudiation, Failure To Deliver, Or Insolvency - Ucc 2-502.
  (A) Subject to divisions (B) and (C) of this section and even though the goods have not been shipped, a buyer who has paid...
• Section 1302.47 - Manner Of Seller's Tender Of Delivery - Ucc 2-503.
  (A) Tender of delivery requires that the seller put and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably...
• Section 1302.48 - Shipment By Seller - Ucc 2-504.
  Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them...
• Section 1302.49 - Seller's Shipment Under Reservation - Ucc 2-505.
  (A) Where the seller has identified goods to the contract by or before shipment: (1) the seller's procurement of a negotiable bill of lading...
• Section 1302.50 - Rights Of Financing Agency - Ucc 2-506.
  (A) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of...
• Section 1302.51 - Effect Of Seller's Tender - Delivery On Condition - Ucc 2-507.
  (A) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay...
• Section 1302.52 - Cure By Seller Of Improper Tender Or Delivery - Replacement - Ucc 2-508.
  (A) Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller...
• Section 1302.53 - Risk Of Loss In Absence Of Breach - Ucc 2-509.
  (A) Where the contract requires or authorizes the seller to ship the goods by carrier: (1) if it does not require the seller to...
• Section 1302.54 - Effect Of Breach On Risk Of Loss - Ucc 2-510.
  (A) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk...
• Section 1302.55 - Tender Of Payment By Buyer - Payment By Check - Ucc 2-511.
  (A) Unless otherwise agreed, tender of payment is a condition to the seller's duty to tender and complete any delivery. (B) Tender of payment...
• Section 1302.56 - Payment By Buyer Before Inspection - Ucc 2-512.
  (A) Where the contract requires payment before inspection, nonconformity of the goods does not excuse the buyer from so making payment unless: (1) The...
• Section 1302.57 - Buyer's Right To Inspection Of Goods - Ucc 2-513.
  (A) Unless otherwise agreed and subject to division (C) of this section, where goods are tendered or delivered or identified to the contract for...
• Section 1302.58 - When Documents Deliverable On Acceptance - When On Payment - Ucc 2-514.
  Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it...
• Section 1302.59 - Preserving Evidence Of Goods In Dispute - Ucc 2-515.
  In furtherance of the adjustment of any claim or dispute: (A) either party on reasonable notification to the other and for the purpose of...
• Section 1302.60 - Buyer's Rights On Improper Delivery - Ucc 2-601.
  Subject to the provisions of section 1302.70 of the Revised Code, and unless otherwise agreed under sections 1302.92 and 1302.93 of the Revised Code,...
• Section 1302.61 - Manner And Effect Of Rightful Rejection - Ucc 2-602.
  (A) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the...
• Section 1302.62 - Merchant Buyer's Duties As To Rightfully Rejected Goods - Salvage - Ucc 2-603, 2-604.
  (A) Subject to any security interest in the buyer as provided in division (C) of section 1302.85 of the Revised Code, when the seller...
• Section 1302.63 - Waiver Of Buyer's Objections By Failure To Particularize - Ucc 2-605.
  (A) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes the buyer from relying...
• Section 1302.64 - What Constitutes Acceptance Of Goods - Ucc 2-606.
  (A) Acceptance of goods occurs when the buyer: (1) after a reasonable opportunity to inspect the goods signifies to the seller that the goods...
• Section 1302.65 - Effect Of Acceptance - Notice Of Breach - Burden Of Establishing Breach After Acceptance - Notice Of Claim Or Litigation To Person Answerable Over - Ucc 2-607.
  (A) The buyer must pay at the contract rate for any goods accepted. (B) Acceptance of goods by the buyer precludes rejection of the...
• Section 1302.66 - Revocation Of Acceptance In Whole Or In Part - Ucc 2-608.
  (A) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has...
• Section 1302.67 - Right To Adequate Assurance Of Performance - Ucc 2-609.
  (A) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When...
• Section 1302.68 - Anticipatory Repudiation - Ucc 2-610.
  When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of...
• Section 1302.69 - Retraction Of Anticipatory Repudiation - Ucc 2-611.
  (A) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or...
• Section 1302.70 - Installment Contract Defined - Breach - Ucc 2-612.
  (A) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the...
• Section 1302.71 - Casualty To Identified Goods - Ucc 2-613.
  Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party...
• Section 1302.72 - Substituted Performance - Ucc 2-614.
  (A) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or...
• Section 1302.73 - Excuse By Failure Of Presupposed Conditions - Ucc 2-615.
  Except so far as a seller may have assumed a greater obligation and subject to section 1302.72 of the Revised Code on substituted performance:...
• Section 1302.74 - Procedure On Notice Claiming Excuse - Ucc 2-616.
  (A) Where the buyer receives notification of a material or indefinite delay or an allocation justified under section 1302.73 of the Revised Code, he...
• Section 1302.75 - Remedies For Breach Of Collateral Contracts Not Impaired - Ucc 2-701.
  Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of sections...
• Section 1302.76 - Seller's Remedies On Discovery Of Buyer's Insolvency - Ucc 2-702.
  (A) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered...
• Section 1302.77 - Seller's Remedies In General - Ucc 2-703.
  Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with...
• Section 1302.78 - Seller's Right To Identify Goods To The Contract Notwithstanding Breach Or To Salvage Unfinished Goods - Ucc 2-704.
  (A) An aggrieved seller under section 1302.77 of the Revised Code may: (1) identify to the contract conforming goods not already identified if at...
• Section 1302.79 - Seller's Stoppage Of Delivery In Transit Or Otherwise - Ucc 2-705.
  (A) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be...
• Section 1302.80 - Seller's Resale Including Contract For Resale - Ucc 2-706.
  (A) Under the conditions stated in section 1302.77 of the Revised Code on seller's remedies, the seller may resell the goods concerned or the...
• Section 1302.81 - Person In The Position Of A Seller - Ucc 2-707.
  (A) A "person in the position of a seller" includes as against a principal an agent who has paid or become responsible for the...
• Section 1302.82 - Seller's Damages For Non-acceptance Or Repudiation - Ucc 2-708.
  (A) Subject to division (B) of this section and to the provisions of section 1302.97 of the Revised Code with respect to proof of...
• Section 1302.83 - Action For The Price - Ucc 2-709.
  (A) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under section...
• Section 1302.84 - Seller's Incidental Damages - Ucc 2-710.
  Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody...
• Section 1302.85 - Buyer's Remedies In General - Buyer's Security Interest In Rejected Goods - Ucc 2-711.
  (A) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any...
• Section 1302.86 - Cover Defined - Buyer's Procurement Of Substitute Goods - Ucc 2-712.
  (A) After a breach within the preceding section, the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase...
• Section 1302.87 - Buyer's Damages For Non-delivery Or Repudiation - Ucc 2-713.
  (A) Subject to the provisions of section 1302.97 of the Revised Code, with respect to proof of market price, the measure of damages for...
• Section 1302.88 - Buyer's Damages For Breach In Regard To Accepted Goods - Ucc 2-714.
  (A) Where the buyer has accepted goods and given notification as provided in division (C) of section 1302.65 of the Revised Code, he may...
• Section 1302.89 - Buyer's Incidental And Consequential Damages - Ucc 2-715.
  (A) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected,...
• Section 1302.90 - Buyer's Right To Specific Performance Or Replevin - Ucc 2-716.
  (A) Specific performance may be decreed where the goods are unique or in other proper circumstances. (B) The decree for specific performance may include...
• Section 1302.91 - Deduction Of Damages From The Price - Ucc 2-717.
  The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any...
• Section 1302.92 - Liquidation Or Limitation Of Damages - Deposits - Ucc 2-718.
  (A) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light...
• Section 1302.93 - Contractual Modification Or Limitation Of Remedy - Ucc 2-719.
  (A) Subject to the provisions of divisions (B) and (C) of this section and of section 1302.92 of the Revised Code on liquidation and...
• Section 1302.94 - Effect Of Cancellation Or Rescission On Claims For Antecedent Breach - Ucc 2-720.
  Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation...
• Section 1302.95 - Remedies For Fraud - Ucc 2-721.
  Remedies for material misrepresentation or fraud include all remedies available under sections 1302.01 to 1302.98, inclusive, of the Revised Code for non-fraudulent breach. Neither...
• Section 1302.96 - Who Can Sue Third Parties For Injury To Goods - Ucc 2-722.
  Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a...
• Section 1302.97 - Proof Of Market Price - Time And Place - Admissibility Of Market Quotations - Ucc 2-723, 2-724.
  (A) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the...
• Section 1302.98 - Statute Of Limitations In Contracts For Sale - Ucc 2-725.
  (A) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By...

Last modified: October 10, 2016