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

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    I received a death benefit from a life insurance policy that had double indemnity. The Death certificate stated the death was an accident. The amount they paid was the face amount and the double indemnity amount. They later sent a letter that after review the accident portion of the claim was denied due to illegal drug use. The sent another letter stating the the double payment was a "coding error" on their part and demanded repayment of $25,000 within 30 days. Do we have to reimburse them for their error?
  • I have asked you a question before and I thought since you

    I have asked you a question before and I thought since you may have access to the previous questions, you would be best to advice on further questions.
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    In the state of Tennessee can I persue the business that cashed my personal checks that were stolen and forged ?
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