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Uniform Commercial Code

Uniform Commercial Codes are rules that regulate the sale of goods and commercial transactions within the Unites States. Every state except Louisiana has chosen to adopt the code. The UCC wasn't created by state law, but a private institution. Therefore the UCC isn't a law without being enacted by a state. The main goal of the UCC is to make commercial transactions less complicated. Take a look at the UCC questions below that have been answered by Experts.

Review Section 2-315 of the Uniform Commercial Code, which addresses the implied warranty of fitness for a particular purpose: what type of warranty is created in this statute?

Generally, an implied warranty is created when an express warranty is a guarantee of the product and the specific expectations. For instance, If a contractor is hired to install a front door, the door that is installed must provide the duties expected of a front door; keeping the weather out, the ability to offer security by locking, open and shut, allowing an entry and exit for the user. This is an implied warranty of fitness. When the contract is written, it doesn't have to state the color or style of the door, only that the contractor will build the door and install it with an implied warranty of fitness which would protect the purchaser if the door didn't stand up to the contractual claim. There isn't an express warranty in the contract that states these expectations because the warranty of fitness has been implied.

Does the US Uniform Commercial Code have any requirements for length of time that a manufacturer must provide support in the form of spare parts for their fabricated products?

There is no express requirement by the Uniform Commercial Code. However, the UCC 2-314 states: UCC 2-314 requires that a seller impliedly warranty any product as being of fair and average quality. This means that a contract that is under UCC2-725 can be enforced up to 4 years for breach, implying that the seller must assume the repair or replace its product for the 4 year period. However, if the seller provides a limited warranty or disclaims any type of warranty, they wouldn't be obligated to the 4 year period.

Is the Uniform Commercial Code found in the United States Code?

The Uniform Commercial Code is an extension of the national Conference of Commissioners on Uniform State Laws and the American Law Institute and is not a federal law. Individual states have entered them into their statues. Once approved by the national Conference, a uniform law is not considered law in the United States. It is merely a legislative proposal which is addressed to the fifty state legislatures.

Is it legal to bill for a service without providing any billing material, statement or invoice regarding the service provided in Oregon?

There are no specific mandates in the Oregon General Provisions for UCC that require an itemized bill. The only exception to this would be if there is a contract that requires an invoice. Usually, if you contest the bill, they would probably send you an itemized statement. If for some reason, you still do not agree to the bill, you can refuse to pay and let them take you to court. You could always use the defense that you were never given a bill of sale.

When conducting a business transaction, few people stop to think about how the UCC affects that sale. Many people have never heard of the UCC. If you would like to learn more about the uniform Commercial Code, you should ask an Expert. An Expert can assist you with details and information about the UCC that may help you avoid future issues in your business deals.

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Tina
Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Uniform Commercial Code Questions

  • The owner of a winning scratcher's ticket asked for help in

    The owner of a winning scratcher's ticket asked for help in claiming the prize. It was given to a third party who signed the back of the ticket and forwarded the claim to ca lottery commission. The owner of the ticket and the person who gave the ticket to the third party signed an agreement that a specific amount be given to the owner upon receipt of the check. However the claim form had been returned because the third party forgot to sign the claim form. Can the claim be amended to the rightful owner? if the third does not sign the claim form then the ticket will lapse after 180 days.
  • I need an Alabama bankruptcy Attorney. My question is : I have

    I need an Alabama bankruptcy Attorney. My question is : I have run a successful business for over 20 years carrying two private disability policies since day 1. I need career ending surgery now but trying my best to postpone until May so I can sell my house which still has a substantial mortgage. IF I cannot sell my house (I have it listed 20% below 2014 appraisal) and close to pay off even if I get current asking price (it is over built for the neighborhood), I will have to file bankruptcy before I get my surgery (its an open heart spinal reconstruction for a congenital spine defect along with a recent Parkinson's diagnosis), I will never be able to go back to work, can the bankruptcy court garnish my PRIVATE or PUBLIC disability during or after a liquidation bankruptcy and in Alabama, you cannot keep even one car, I have a car that is owed more on it than it is worth that I would like to re-affirm (it has disability on the contract so the payments get paid) is that also possible?
  • In Internet marketing, one very common method of increasing

    In Internet marketing, one very common method of increasing product sales is via affiliate marketing. A product owner lists their product with an affiliate network and agrees to pay affiliates a percentage of any sale; typically 50%.
    I'm creating a business where, as an affiliate, I will refund my commission to the buyer. This will be a benefit of being a paying member of my "club".
    For example, a consumer joins my club and pays me $15 per month. They buy a product which costs $47 though my affiliate link. After I'm paid, I will rebate $23.50 to them. My income is derived solely from the monthly club membership.
    When I discussed this with the owner of an affiliate network, I was told I would be "black listed" and banned from their network because the rebates would upset marketers who do not offer them. The issue is exacerbated by the fact that most of these networks are smaller companies, operated by amateurs who are friends with many of the major affiliates. I, not having that type of relationship with them, would be an easy target.
    My position is that, once I'm paid, the money is mine. I can burn it, blow it on a new TV or rebate it to my buyer.
    The question is, if I comply with all other terms of service, can they blacklist me because I rebate my earned commissions to the buyers, effectively reducing the price of all products by 50%, on average?
    In my laymen's view, this is clear restraint of trade but I'd love to see some opinions.
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