reglab/housing_qa huggingface dataset:
SC Code § 36-2-323 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-323. Form of bill of lading required in overseas shipment; "overseas".

 (1) 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 must obtain a negotiable bill of lading stating that the goods have been loaded on board or, in the case of a term C.I.F. or C. & F., received for shipment.  (2) Where in a case within subsection (1) a tangible bill of lading has been issued in a set of parts, unless otherwise agreed if the documents are not to be sent from abroad the buyer may demand tender of the full set; otherwise only one part of the bill of lading need be tendered. Even if the agreement expressly requires a full set:  (a) due tender of a single part is acceptable within the provisions of this chapter on cure of improper delivery (subsection (1) of Section 36-2-508); and  (b) even though the full set is demanded, if the documents are sent from abroad the person tendering an incomplete set may nevertheless require payment upon furnishing an indemnity which the buyer in good faith deems adequate.  (3) A shipment by water or by air or a contract contemplating such shipment is "overseas" insofar as by usage of trade or agreement it is subject to the commercial, financing or shipping practices characteristic of international deep water commerce.  HISTORY: 1962 Code Section 10.2-323; 1966 (54) 2716; 2014 Act No. 213 (S.343), Section 8, eff October 1, 2014.  Editor's Note  2014 Act No. 213, Section 51, provides as follows:  "SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."  Effect of Amendment  2014 Act No. 213, Section 8, in subsection (2), inserted "tangible" before "bill of lading", and made other nonsubstantive changes.
SC Code § 36-2-324 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-324. "No arrival, no sale" term.

 Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed,  (a) the seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the nonarrival; and  (b) where without fault of the seller the goods are in part lost or have so deteriorated as no longer to conform to the contract or arrive after the contract time, the buyer may proceed as if there had been casualty to identified goods (Section 36-2-613).  HISTORY: 1962 Code Section 10.2-324; 1966 (54) 2716.
SC Code § 36-2-325 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-325. "Letter of credit" term; "confirmed credit".

 (1) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.  (2) The delivery to seller of a proper letter of credit suspends the buyer's obligation to pay. If the letter of credit is dishonored, the seller may on seasonable notification to the buyer require payment directly from him.  (3) Unless otherwise agreed the term "letter of credit" or "banker's credit" in a contract for sale means an irrevocable credit issued by a financing agency of good repute and, where the shipment is overseas, of good international repute. The term "confirmed credit" means that the credit must also carry the direct obligation of such an agency which does business in the seller's financial market.  HISTORY: 1962 Code Section 10.2-325; 1966 (54) 2716.
SC Code § 36-2-326 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-326. Sale on approval and sale or return; consignment sales and rights of creditors.

 (1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is  (a) a "sale on approval" if the goods are delivered primarily for use, and  (b) a "sale or return" if the goods are delivered primarily for resale.  (2) Except as provided in subsection (3), goods held on approval are not subject to the claims of the buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession.  (3) Where goods are delivered to a person for sale and such person maintains a place of business at which he deals in goods of the kind involved, under a name other than the name of the person making delivery, then with respect to claims of creditors of the person conducting the business the goods are deemed to be on sale or return. The provisions of this subsection are applicable even though an agreement purports to reserve title to the person making delivery until payment or resale or uses such words as "on consignment" or "on memorandum." However, this subsection is not applicable if the person making delivery  (a) complies with an applicable law providing for a consignor's interest or the like to be evidenced by a sign, or  (b) establishes that the person conducting the business is generally known by his creditors to be substantially engaged in selling the goods of others, or  (c) complies with the filing provisions of the chapter on secured transactions (Title 36, Chapter 9).  (4) Any "or return" term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this chapter (Section 36-2-201) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (Section 36-2-202).  HISTORY: 1962 Code Section 10.2-326; 1966 (54) 2716.
SC Code § 36-2-327 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-327. Special incidents of sale on approval and sale or return.

 (1) Under a sale on approval unless otherwise agreed  (a) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and  (b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and  (c) after due notification of election to return, the return is at the seller's risk and expense but a merchant buyer must follow any reasonable instructions.  (2) Under a sale or return unless otherwise agreed  (a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and  (b) the return is at the buyer's risk and expense.  HISTORY: 1962 Code Section 10.2-327; 1966 (54) 2716.
SC Code § 36-2-328 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-328. Sale by auction.

 (1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.  (2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling.  (3) Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid.  (4) If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale.  HISTORY: 1962 Code Section 10.2-328; 1966 (54) 2716.
SC Code § 36-2-402 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-402. Rights of seller's creditors against sold goods.

 (1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer's rights to recover the goods under this chapter (Sections 36-2-502 and 36-2-716).  (2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent.  (3) Nothing in this chapter shall be deemed to impair the rights of creditors of the seller  (a) under the provisions of the chapter on secured transactions (Title 36, Chapter 9); or  (b) where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this chapter constitute the transaction a fraudulent transfer or voidable preference.  HISTORY: 1962 Code Section 10.2-402; 1966 (54) 2716.
SC Code § 36-2-403 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-403. Power to transfer; good faith purchase of goods; "entrusting".

 (1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though  (a) the transferor was deceived as to the identity of the purchaser, or  (b) the delivery was in exchange for a check which is later dishonored, or  (c) it was agreed that the transaction was to be a "cash sale," or  (d) the delivery was procured through fraud punishable as larcenous under the criminal law.  (2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.  (3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.  (4) The rights of other purchasers of goods and of lien creditors are governed by the chapter on secured transactions (Title 36, Chapter 9), bulk transfers (Title 36, Chapter 6) and documents of title (Title 36, Chapter 7).  HISTORY: 1962 Code Section 10.2-403; 1966 (54) 2716.
SC Code § 36-2-501 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-501. Insurable interest in goods; manner of identification of goods.

 (1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs  (a) when the contract is made if it is for the sale of goods already existing and identified;  (b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;  (c) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve months after contracting or for the sale of crops to be harvested within twelve months or the next normal harvest season after contracting, whichever is longer.  (2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.  (3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.  HISTORY: 1962 Code Section 10.2-501; 1966 (54) 2716.
SC Code § 36-2-502 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-502. Buyer's right to goods on seller's insolvency.

 (1) Subject to subsection (2) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of the immediately preceding section (Section 36-2-501) may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if the seller becomes insolvent within ten days after receipt of the first installment on their price.  (2) If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale.  HISTORY: 1962 Code Section 10.2-502; 1966 (54) 2716.
SC Code § 36-2-503 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-503. Manner of seller's tender of delivery.

 (1) Tender of delivery requires that the seller put and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably necessary to enable him to take delivery. The manner, time and place for tender are determined by the agreement and this chapter, and in particular  (a) tender must be at a reasonable hour, and if it is of goods they must be kept available for the period reasonably necessary to enable the buyer to take possession; but  (b) unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods.  (2) Where the case is within the next section (Section 36-2-504) respecting shipment tender requires that the seller comply with its provisions.  (3) Where the seller is required to deliver at a particular destination tender requires that he comply with subsection (1) and also in any appropriate case tender documents as described in subsections (4) and (5) of this section.  (4) Where goods are in the possession of a bailee and are to be delivered without being moved:  (a) tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer's right to possession of the goods; but  (b) tender to the buyer of a nonnegotiable document of title or of a record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and except as otherwise provided in Chapter 9 receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and all third persons; but risk of loss of the goods and of any failure by the bailee to honor the nonnegotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender.  (5) Where the contract requires the seller to deliver documents:  (a) he must tender all such documents in correct form, except as provided in this chapter with respect to bills of lading in a set (subsection (2) of Section 36-2-323); and  (b) tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.  HISTORY: 1962 Code Section 10.2-503; 1966 (54) 2716; 2014 Act No. 213 (S.343), Section 10, eff October 1, 2014.  Editor's Note  2014 Act No. 213, Section 51, provides as follows:  "SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."  Effect of Amendment  2014 Act No. 213, Section 10, in subsection (4)(b), substituted "a record directing the bailee" for "a written direction to the bailee", and inserted "except as otherwise provided in Chapter 9"; in subsection (5)(b), inserted "or associated with"; and made other nonsubstantive changes in subsections (4) and (5).
SC Code § 36-2-504 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-504. Shipment by seller.

 Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must  (a) put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and  (b) obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and  (c) promptly notify the buyer of the shipment.  Failure to notify the buyer under paragraph (c) or to make a proper contract under paragraph (a) is a ground for rejection only if material delay or loss ensues.  HISTORY: 1962 Code Section 10.2-504; 1966 (54) 2716.
SC Code § 36-2-505 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-505. Seller's shipment under reservation.

 (1) Where the seller has identified goods to the contract by or before shipment:  (a) his procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named.  (b) a nonnegotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (subsection (2) of Section 36-2-507) a nonnegotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.  (2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section (Section 36-2-504) but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title.  HISTORY: 1962 Code Section 10.2-505; 1966 (54) 2716; 2014 Act No. 213 (S.343), Section 11, eff October 1, 2014.  Editor's Note  2014 Act No. 213, Section 51, provides as follows:  "SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."  Effect of Amendment  2014 Act No. 213, Section 11, in subsection (1)(b), inserted "or control" before "of the bill of lading"; in subsection (2), inserted "of title" following "of a negotiable document"; and made other nonsubstantive changes in subsections (1)(b) and (2).
SC Code § 36-2-506 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-506. Rights of financing agency.

 (1) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods including the right to stop delivery and the shipper's right to have the draft honored by the buyer.  (2) The right to reimbursement of a financing agency which has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular.  HISTORY: 1962 Code Section 10.2-506; 1966 (54) 2716; 2014 Act No. 213 (S.343), Section 12, eff October 1, 2014.  Editor's Note  2014 Act No. 213, Section 51, provides as follows:  "SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."  Effect of Amendment  2014 Act No. 213, Section 12, in subsection (2), deleted "on its face" after "apparently regular".
SC Code § 36-2-507 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-507. Effect of seller's tender; delivery on condition.

 (1) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract.  (2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due.  HISTORY: 1962 Code Section 10.2-507; 1966 (54) 2716.
SC Code § 36-2-508 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-508. Cure by seller of improper tender or delivery; replacement.

 (1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.  (2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.  HISTORY: 1962 Code Section 10.2-508; 1966 (54) 2716.