Title 11, Article 2: SALES

Title 11, Article 2: SALES

Part 1: SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER

11 §2-101. Short title

11 §2-102. Scope: certain security and other transactions excluded from this Article (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/01/25)

11 §2-102. Scope; certain security and other transactions excluded from this Article (WHOLE SECTION TEXT EFFECTIVE 7/01/25)

11 §2-103. Definitions and index of definitions

11 §2-104. Definitions: "merchant"; "between merchants"; "financing agency"

11 §2-105. Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit"

11 §2-106. Definitions: "contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation" (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/01/25)

11 §2-106. Definitions: "contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation"; "hybrid transaction" (WHOLE SECTION TEXT EFFECTIVE 7/01/25)

11 §2-107. Goods to be severed from realty: recording

11 §2-108. Miscellaneous health provisions; blood or tissue transfer services

Part 2: FORM, FORMATION AND READJUSTMENT OF CONTRACT

11 §2-201. Formal requirements: statute of frauds

11 §2-202. Final written expression: parol or extrinsic evidence (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/01/25)

11 §2-202. Final expression: parol or extrinsic evidence (WHOLE SECTION TEXT EFFECTIVE 7/01/25)

11 §2-203. Seals inoperative (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/01/25)

11 §2-203. Seals inoperative (WHOLE SECTION TEXT EFFECTIVE 7/01/25)

11 §2-204. Formation in general

11 §2-205. Firm offers (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/01/25)

11 §2-205. Firm offers (WHOLE SECTION TEXT EFFECTIVE 7/01/25)

11 §2-206. Offer and acceptance in formation of contract

11 §2-207. Additional terms in acceptance or confirmation

11 §2-208. Course of performance or practical construction (REPEALED)

11 §2-209. Modification, rescission and waiver

11 §2-210. Delegation of performance; assignment of rights

Part 3: GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

11 §2-301. General obligations of parties

11 §2-302. Unconscionable contract or clause

11 §2-303. Allocation or division of risks

11 §2-304. Price payable in money, goods, realty or otherwise

11 §2-305. Open price term

11 §2-306. Output, requirements and exclusive dealings

11 §2-307. Delivery in single lot or several lots

11 §2-308. Absence of specified place for delivery

11 §2-309. Absence of specific time provisions; notice of termination

11 §2-310. Open time for payment or running of credit; authority to ship under reservation

11 §2-311. Options and cooperation respecting performance

11 §2-312. Warranty of title and against infringement; buyer's obligation against infringement

11 §2-313. Express warranties by affirmation, promise, description, sample

11 §2-314. Implied warranty: merchantability; usage of trade

11 §2-315. Implied warranty: fitness for particular purpose

11 §2-316. Exclusion or modification of warranties

11 §2-317. Cumulation and conflict of warranties express or implied

11 §2-318. When lack of privity no defense in action against manufacturer, seller or supplier of goods

11 §2-319. F.O.B. and F.A.S. terms

11 §2-320. C.I.F. and C.& F. terms

11 §2-321. C.I.F. or C.& F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival

11 §2-322. Delivery "exship"

11 §2-323. Forms of bill of lading required in overseas shipment; "overseas"

11 §2-324. "No arrival, no sale" term

11 §2-325. "Letter of credit" term; "confirmed credit"

11 §2-326. Sale on approval and sale or return; rights of creditors

11 §2-327. Special incidents of sale on approval and sale or return

11 §2-328. Sale by auction

Part 4: TITLE, CREDITORS AND GOOD FAITH PURCHASERS

11 §2-401. Passing of title; reservation for security; limited application of this section

11 §2-402. Rights of seller's creditors against sold goods

11 §2-403. Power to transfer; good faith purchase of goods; "entrusting"

Part 5: PERFORMANCE

11 §2-501. Insurable interest in goods; manner of identification of goods

11 §2-502. Buyer's right to goods on seller's repudiation, failure to deliver or insolvency

11 §2-503. Manner of seller's tender of delivery

11 §2-504. Shipment by seller

11 §2-505. Seller's shipment under reservation

11 §2-506. Rights of financing agency

11 §2-507. Effect of seller's tender; delivery on condition

11 §2-508. Cure by seller of improper tender or delivery; replacement

11 §2-509. Risk of loss in the absence of breach

11 §2-510. Effect of breach on risk of loss

11 §2-511. Tender of payment by buyer; payment by check

11 §2-512. Payment by buyer before inspection

11 §2-513. Buyer's right to inspection of goods

11 §2-514. When documents deliverable on acceptance; when on payment

11 §2-515. Preserving evidence of goods in dispute

Part 6: BREACH, REPUDIATION AND EXCUSE

11 §2-601. Buyer's rights on improper delivery

11 §2-602. Manner and effect of rightful rejection

11 §2-603. Merchant buyer's duties as to rightfully rejected goods

11 §2-604. Buyer's options as to salvage of rightfully rejected goods

11 §2-605. Waiver of buyer's objections by failure to particularize

11 §2-606. What constitutes acceptance of goods

11 §2-607. Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over

11 §2-608. Revocation of acceptance in whole or in part

11 §2-609. Right to adequate assurance of performance

11 §2-610. Anticipatory repudiation

11 §2-611. Retraction of anticipatory repudiation

11 §2-612. "Installment contract"; breach

11 §2-613. Casualty to identified goods

11 §2-614. Substituted performance

11 §2-615. Excuse by failure of presupposed conditions

11 §2-616. Procedure on notice claiming excuse

Part 7: REMEDIES

11 §2-701. Remedies for breach of collateral contracts not impaired

11 §2-702. Seller's remedies on discovery of buyer's insolvency

11 §2-703. Seller's remedies in general

11 §2-704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods

11 §2-705. Seller's stoppage of delivery in transit or otherwise

11 §2-706. Seller's resale including contract for resale

11 §2-707. "Person in the position of a seller"

11 §2-708. Seller's damages for nonacceptance or repudiation

11 §2-709. Action for the price

11 §2-710. Seller's incidental damages

11 §2-711. Buyer's remedies in general; buyer's security interest in rejected goods

11 §2-712. "Cover"; buyer's procurement of substitute goods

11 §2-713. Buyer's damages for nondelivery or repudiation

11 §2-714. Buyer's damages for breach in regard to accepted goods

11 §2-715. Buyer's incidental and consequential damages

11 §2-716. Buyer's right to specific performance or replevin

11 §2-717. Deduction of damages from price

11 §2-718. Liquidation or limitation of damages; deposits

11 §2-719. Contractual modification or limitation of remedy

11 §2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach

11 §2-721. Remedies for fraud

11 §2-722. Who can sue third parties for injury to goods

11 §2-723. Proof of market price; time and place

11 §2-724. Admissibility of market quotations

11 §2-725. Statute of limitations in contracts for sale

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Office of the Revisor of Statutes · 7 State House Station · State House Room 108 · Augusta, Maine 04333-0007

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