reglab/housing_qa huggingface dataset:
HI Rev Stat § 490:2-312 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-312 Warranty of title and against infringement; buyer's obligation against infringement.

  §490:2-312 Warranty of title and against infringement; buyer's obligation against infringement. (1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:  (a) The title conveyed shall be good, and its transfer rightful; and  (b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.  (2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.  (3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications. [L 1965, c 208, §2-312; HRS §490:2-312] Case Notes  Subsection (2) cited with respect to sale of a motor vehicle. 2 H. App. 308, 631 P.2d 594.  Seller without title to vehicle not precluded from being a "seller". 4 H. App. 265, 664 P.2d 755.
HI Rev Stat § 490:2-313.1, 313.2 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-313.1, 313.2 REPEALED.

  § §490:2-313.1, 313.2 REPEALED. L 1992, c 314, § §2, 3. Cross References  Motor vehicle express warranty enforcement (lemon law), see chapter 481I.
HI Rev Stat § 490:2-315 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-315 Implied warranty: fitness for particular purpose.

  §490:2-315 Implied warranty: fitness for particular purpose. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose. [L 1965, c 208, §2-315; HRS §490:2-315] Law Journals and Reviews  Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55. Case Notes  A genuine issue of material fact existed as to whether plaintiff relied on defendant's expertise in supplying a suitable product. 971 F. Supp. 2d 1017 (2013).  Considering the physical appearance of the disclaimer, the sophistication of the parties, and the circumstances of the negotiation and signing, the court declined to find that defendant disclaimed the implied warranty of fitness. 971 F. Supp. 2d 1017 (2013).  Where product is defective, even when seller does not detect defect, seller is liable under implied warranty of fitness for particular purpose. 66 H. 237, 659 P.2d 734.
HI Rev Stat § 490:2-316 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-316 Exclusion or modification of warranties.

  §490:2-316 Exclusion or modification of warranties. (1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this article on parol or extrinsic evidence (section 490:2-202) negation or limitation is inoperative to the extent that such construction is unreasonable.  (2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof".  (3) Notwithstanding subsection (2):  (a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is", "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty;  (b) When the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and  (c) An implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.  (4) Remedies for breach of warranty can be limited in accordance with the provisions of this article on liquidation or limitation of damages and on contractual modification of remedy (sections 490:2-718 and 490:2-719). [L 1965, c 208, §2-316; HRS §490:2-316] Case Notes  Considering the physical appearance of the disclaimer, the sophistication of the parties, and the circumstances of the negotiation and signing, the court declined to find that defendant disclaimed the implied warranty of fitness. 971 F. Supp. 2d 1017 (2013).  Cited: 56 H. 466, 540 P.2d 978.
HI Rev Stat § 490:2-317 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-317 Cumulation and conflict of warranties express or implied.

  §490:2-317 Cumulation and conflict of warranties express or implied. Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:  (a) Exact or technical specifications displace an inconsistent sample or model or general language of description.  (b) A sample from an existing bulk displaces inconsistent general language of description.  (c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. [L 1965, c 208, §2-317; HRS §490:2-317]
HI Rev Stat § 490:2-318 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-318 Third party beneficiaries of warranties express or implied.

  §490:2-318 Third party beneficiaries of warranties express or implied. A seller's warranty whether express or implied extends to any person who may reasonably be expected to use, consume or be affected by the goods and who is injured by breach of the warranty. A seller may not exclude or limit the operation of this section with respect to injury to the person of an individual to whom the warranty extends. L 1965, c 208, §2-318; HRS §490:2-318; am L 1969, c 101, §1 Case Notes  Plaintiff's claims for breach of express and implied warranties against pesticide manufacturer under Hawaii law were not preempted by Federal Insecticide, Fungicide, and Rodenticide Act, as based on labeling requirements, since those claims were derived solely from manufacturer, the warrantor, and were not imposed by state law. 153 F. Supp. 3d 1270 (2015).  Although plaintiff's pacemaker did not malfunction, it was in a defective and therefore unmerchantable condition sufficient to support action for breach of implied warranty of merchantability. 74 H. 1, 837 P.2d 1273.
HI Rev Stat § 490:2-319 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-319 F.O.B. and F.A.S. terms.

  §490:2-319 F.O.B. and F.A.S. terms. (1) Unless otherwise agreed the term F.O.B. (which means "free on board") at a named place, even though used only in connection with the stated price, is a delivery term under which:  (a) When the term is F.O.B. the place of shipment, the seller must at that place ship the goods in the manner provided in this article (section 490:2-504) and bear the expense and risk of putting them into the possession of the carrier; or  (b) When the term is F.O.B. the place of destination, the seller must at his own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this article (section 490:2-503);  (c) When under either (a) or (b) the term is also F.O.B. vessel, car or other vehicle, the seller must in addition at his own expense and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this article on the form of bill of lading (section 490:2-323).  (2) Unless otherwise agreed the term F.A.S. vessel (which means "free alongside") at a named port, even though used only in connection with the stated price, is a delivery term under which the seller must:  (a) At his own expense and risk deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and  (b) Obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.  (3) Unless otherwise agreed in any case falling within subsection (1)(a) or (c) or subsection (2) the buyer must seasonably give any needed instructions for making delivery, including when the term is F.A.S. or F.O.B. the loading berth of the vessel and in an appropriate case its name and sailing date. The seller may treat the failure of needed instructions as a failure of cooperation under this article (section 490:2-311). He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment.  (4) Under the term F.O.B. vessel or F.A.S. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents. [L 1965, c 208, §2-319; HRS §490:2-319]
HI Rev Stat § 490:2-320 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-320 C.I.F. and C. & F. terms.

  §490:2-320 C.I.F. and C. & F. terms. (1) The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term C. & F. or C.F. means that the price so includes cost and freight to the named destination.  (2) Unless otherwise agreed and even though used only in connection with the stated price and destination, the term C.I.F. destination or its equivalent requires the seller at his own expense and risk to:  (a) Put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and  (b) Load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and  (c) Obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and  (d) Prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and  (e) Forward and tender with commercial promptness all the documents in due form and with any indorsement necessary to perfect the buyer's rights.  (3) Unless otherwise agreed the term C. & F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance.  (4) Under the term C.I.F. or C. & F. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents. [L 1965, c 208, §2-320; HRS §490:2-320]
HI Rev Stat § 490:2-321 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-321 C.I.F. or C. & F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival.

  §490:2-321 C.I.F. or C. & F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival. Under a contract containing a term C.I.F. or C. & F.  (1) Where the price is based on or is to be adjusted according to "net landed weights", "delivered weights", "out turn" quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment due on tender of the documents called for by the contract is the amount so estimated, but after final adjustment of the price a settlement must be made with commercial promptness.  (2) An agreement described in subsection (1) or any warranty of quality or condition of the goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage and the like in transportation but has no effect on the place or time of identification to the contract for sale or delivery or on the passing of the risk of loss.  (3) Unless otherwise agreed where the contract provides for payment on or after arrival of the goods the seller must before payment allow such preliminary inspection as is feasible; but if the goods are lost delivery of the documents and payment are due when the goods should have arrived. [L 1965, c 208, §2-321; HRS §490:2-321]
HI Rev Stat § 490:2-322 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-322 Delivery "ex-ship".

  §490:2-322 Delivery "ex-ship". (1) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged.  (2) Under such a term unless otherwise agreed:  (a) The seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and  (b) The risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded. [L 1965, c 208, §2-322; HRS §490:2-322]
HI Rev Stat § 490:2-323 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-323 Form of bill of lading required in overseas shipment; "overseas".

  §490:2-323 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 simple part is acceptable within the provisions of this article on cure of improper delivery (subsection (1) of section 490:2-508); 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 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. [L 1965, c 208, §2-323; am L 1967, c 79, §1(a); HRS §490:2-323; am L 2004, c 163, §7]
HI Rev Stat § 490:2-324 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-324 "No arrival, no sale" term.

  §490:2-324 "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 non-arrival; 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 490:2-613). [L 1965, c 208, §2-324; HRS §490:2-324]
HI Rev Stat § 490:2-325 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-325 "Letter of credit" term; "confirmed credit".

  §490:2-325 "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. [L 1965, c 208, §2-325; HRS §490:2-325]
HI Rev Stat § 490:2-326 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-326 Sale on approval and sale or return; rights of creditors.

  §490:2-326 Sale on approval and sale or return; 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) 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) 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 article (section 490:2-201) and as contradicting the sale aspect of the contract within the provisions of this article on parol or extrinsic evidence (section 490:2-202). [L 1965, c 208, §2-326; HRS §490:2-326; am L 2000, c 241, §13]
HI Rev Stat § 490:2-327 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-327 Special incidents of sale on approval and sale or return.

  §490:2-327 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. [L 1965, c 208, §2-327; HRS §490:2-327]
HI Rev Stat § 490:2-328 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-328 Sale by auction.

  §490:2-328 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. [L 1965, c 208, §2-328; HRS §490:2-328] Case Notes  "Thirty day money back guarantee" did not prevent sale from constituting an auction. 51 H. 502, 463 P.2d 914.