SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTERSec. This chapter may be cited as Uniform Commercial Code--Sales. Where this chapter 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. If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer.(b) Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller's obligations with reference to them are subject to this chapter, but not the transfer of the interest in realty or the transferor's obligations in connection therewith. Section 3.104.(d) In addition Chapter 1 contains general definitions and principles of construction and interpretation applicable throughout this chapter. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (Section 2.707).(c) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
FINAL WRITTEN EXPRESSION: PAROL OR EXTRINSIC EVIDENCE.
Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller's interest in the bulk be sold to the buyer who then becomes an owner in common.(e) "Lot" means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.(f) "Commercial unit" means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use.
A purported present sale of future goods or of any interest therein operates as a contract to sell.(c) There may be a sale of a part interest in existing identified goods.(d) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. On "termination" all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.(d) "Cancellation" occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of "termination" except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance.
(a) In this chapter unless the context otherwise requires(1) "Buyer" means a person who buys or contracts to buy goods.(2) Reserved.(3) "Receipt" of goods means taking physical possession of them.(4) "Seller" means a person who sells or contracts to sell goods.(b) Other definitions applying to this chapter or to specified subchapters thereof, and the sections in which they appear are:"Acceptance".
Section 2.106.(c) The following definitions in other chapters apply to this chapter:"Check".
(a) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.(b) The additional terms are to be construed as proposals for addition to the contract.