reglab/housing_qa huggingface dataset:
CT Gen Stat § 42a-2-307 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-307 - Delivery in single lot or several lots.

 Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only on such tender but where the circumstances give either party the right to make or demand delivery in lots the price if it can be apportioned may be demanded for each lot.(1959, P.A. 133, S. 2-307.)Cited. 165 C. 300; 166 C. 280.
CT Gen Stat § 42a-2-308 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-308 - Absence of specified place for delivery.

 Unless otherwise agreed, (a) the place for delivery of goods is the seller's place of business or if he has none his residence; but (b) in a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery; and (c) documents of title may be delivered through customary banking channels.(1959, P.A. 133, S. 2-308.)Cited. 238 C. 571.
CT Gen Stat § 42a-2-309 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-309 - Absence of specific time provisions; notice of termination.

 (1) The time for shipment or delivery or any other action under a contract if not provided in this article or agreed upon shall be a reasonable time.(2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.(3) Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.(1959, P.A. 133, S. 2-309.)Subsec. (1):Cited. 45 CA 633.
CT Gen Stat § 42a-2-310 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-310 - Open time for payment or running of credit; authority to ship under reservation.

 Unless otherwise agreed, (a) payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and (b) if the seller is authorized to send the goods he may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract; and (c) if delivery is authorized and made by way of documents of title otherwise than by subsection (b) of this section then payment is due regardless of where the goods are to be received (1) at the time and place at which the buyer is to receive delivery of the tangible documents, or (2) at the time the buyer is to receive delivery of the electronic documents and at the seller's place of business or if none, the seller's residence; and (d) where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but postdating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.(1959, P.A. 133, S. 2-310; P.A. 04-64, S. 46.)History: P.A. 04-64 amended Subdiv. (c) by adding provisions re delivery of tangible documents and delivery of electronic documents and making technical changes to conform to revisions made to article 7 by the same act.See Sec. 42a-2-513 re buyer's right to inspect goods.Cited. 207 C. 599.
CT Gen Stat § 42a-2-311 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-311 - Options and cooperation respecting performance.

 (1) An agreement for sale which is otherwise sufficiently definite to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness.(2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer's option and except as otherwise provided in subsections (1)(c) and (3) of section 42a-2-319 specifications or arrangements relating to shipment are at the seller's option.(3) Where such specification would materially affect the other party's performance but is not seasonably made or where one party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies (a) is excused for any resulting delay in his own performance; and (b) may also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.(1959, P.A. 133, S. 2-311.)See Sec. 42a-2-204 (3) re circumstances under which indefiniteness of contract does not cause its failure.Where arrangements as to shipment were at option of plaintiff as seller but merchandise was at risk of buyer, refusal of buyer's wife to receive merchandise from truck carrier unless he put them inside store did not excuse defendant from payment of price when goods subsequently were lost. 5 Conn. Cir. Ct. 597.Subsec. (1):Cited. 28 CS 481.
CT Gen Stat § 42a-2-312 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-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.(1959, P.A. 133, S. 2-312.)Cited. 181 C. 592. Because there is no more important and fundamental warranty in any sale than warranty of title, very precise and unambiguous language must be used to exclude that warranty; seller's disclaimer was not sufficiently specific. 310 C. 375.
CT Gen Stat § 42a-2-313 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-313 - Express warranties by affirmation, promise, description, sample.

 (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.(2) It is not necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “guarantee” or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.(1959, P.A. 133, S. 2-313.)Description of warranty liability has undergone clarification in the Uniform Commercial Code. 176 C. 97. Cited. 184 C. 10; Id., 607; 191 C. 150; 203 C. 342; 216 C. 65; 218 C. 297.Cited. 1 CA 690; 2 CA 308; 33 CA 575.Third party beneficiary of express and implied warranties was not required to give notice of their breach to manufacturer under Sec. 42a-2-607 as condition precedent to suit. 26 CS 223. Law of express and implied warranty is part of and distinguished in title; code does not relate to real property and it has virtually eliminated doctrine of caveat emptor with regard to sale of personalty. 28 CS 476, 481. Cited. 32 CS 69.Where receipt for payment of price of used car was plainly stamped “This car not guaranteed” and sales agreement also had such notation and defendant's salesman said clearly car sold at agreed price could not be guaranteed, there was no express or implied warranty in sale. 4 Conn. Cir. Ct. 685.Subsec. (1):Cited. 27 CA 810.Cited. 33 CS 108; 39 CS 107.
CT Gen Stat § 42a-2-314 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-314 - Implied warranty: merchantability; usage of trade.

 (1) Unless excluded or modified as provided by section 42a-2-316, a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.(2) Goods to be merchantable must be at least such as (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair average quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and (e) are adequately contained, packaged, and labeled as the agreement may require; and (f) conform to the promises or affirmations of fact made on the container or label if any.(3) Unless excluded or modified as provided by section 42a-2-316 other implied warranties may arise from course of dealing or usage of trade.(1959, P.A. 133, S. 2-314.)Cited. 176 C. 245; 181 C. 62; 182 C. 561; 184 C. 10; Id., 607; 191 C. 150; 203 C. 342; 216 C. 65.Cited. 1 CA 690; 2 CA 308; 27 CA 688; Id., 810; 33 CA 575. Clear purpose of implied warranty of merchantability is not to assign blame, but to assign risk and that fault is not an element of plaintiff's case for breach of that warranty where defendant unknowingly sold plaintiff a vehicle with a salvage history. 87 CA 687.Where defendant restaurateur, sued by plaintiff customer who consumed defective clams, impleaded third party defendant as supplier, statute of limitations barred third party action and demurrer to third party complaint was sustained. 28 CS 385. To establish breach of implied warranty or merchantability under section, it must be proven that the “goods” were not merchantable at time of sale. 33 CS 108. Cited. 37 CS 735; 42 CS 153.Cited. 4 Conn. Cir. Ct. 344, 345. When salesman for defendant car dealer several times informed plaintiff car was sold “as is” and “no guarantee” was stamped on sales contract and receipt given plaintiff, there was no implied warranty of fitness in sale of the car. Id., 685. Cited. 6 Conn. Cir. Ct. 482.
CT Gen Stat § 42a-2-315 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-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 section 42a-2-316 an implied warranty that the goods shall be fit for such purpose.(1959, P.A. 133, S. 2-315.)Manufacturer or producer who puts commodity for personal use or consumption on market in sealed package or other closed container should be held to have impliedly warranted to ultimate consumer that product is reasonably fit for intended purpose and does not contain any harmful and deleterious ingredient of which due and ample warning has not been given; lack of privity not bar to suit. 148 C. 714. Cited. 158 C. 458; 176 C. 245; 183 C. 266; 184 C. 10; Id., 607; 191 C. 150; 203 C. 342; 216 C. 65.Cited. 1 CA 690; 2 CA 308; 27 CA 120; Id., 810; 33 CA 575.Implied warranty is in nature of contract of personal indemnity with original purchaser and does not run with the goods. 22 CS 210, but see 148 C. 714. Third party beneficiary of express and implied warranties was not required to give notice of their breach to manufacturer under Sec. 42a-2-607 as condition precedent to suit. 26 CS 223. Cited. 28 CS 481; 32 CS 69; 37 CS 735; 39 CS 107.Where defendant recommended and sold to plaintiff paint which did not adhere to surface of his house, court could properly find a breach of implied warranty of fitness; requirements necessary to establish breach of warranty of reasonable fitness. 4 Conn. Cir. Ct. 344–346. Where buyer was in as good position as seller to determine latent defect in used car, and seller expressly disclaimed any warranties on the sale, buyer could not recover cost of repairs in action for breach of warranty. Id., 685. Cited. 5 Conn. Cir. Ct. 447; 6 Conn. Cir. Ct. 541.
CT Gen Stat § 42a-2-316 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-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 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; and (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 section 42a-2-718 on liquidation or limitation of damages and section 42a-2-719 on contractual modification of remedy.(5) The provisions of subsections (2), (3) and (4) shall not apply to sales of new or unused consumer goods, except for those goods clearly marked “irregular”, “factory seconds” or “damaged”. Any language, oral or written, used by a seller or manufacturer of consumer goods, which attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose or to exclude or modify the consumer's remedies for breach of those warranties, shall be unenforceable.(1959, P.A. 133, S. 2-316; P.A. 83-320.)History: P.A. 83-320 added Subsec. (5) which prohibits the exclusion or modification of implied warranties in certain circumstances.See Sec. 42a-2-202 re final written expression of contract.Cited. 184 C. 607; 203 C. 342; 204 C. 399; 206 C. 409; 218 C. 297; 226 C. 748; 241 C. 725.Cited. 31 CA 455; 33 CA 575.Cited. 32 CS 69; 33 CS 108.Conclusion of trial court that there was no warranty express or implied in sale by defendant of car will not be disturbed where salesman sold car “as is” and sales contract and receipt were stamped “no guarantees”; layman's use of the term “guaranty” is equated to “warranty”. 4 Conn. Cir. Ct. 683. Cited. 6 Conn. Cir. Ct. 482.
CT Gen Stat § 42a-2-317 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-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.(1959, P.A. 133, S. 2-317.)Cited. 184 C. 10; Id., 607.Cited. 33 CA 575.Cited. 32 CS 69.
CT Gen Stat § 42a-2-318 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-2-318 - Third party beneficiaries of seller's warranties whether express or implied.

 A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of warranty. This section is neutral with respect to case law or statutory law extending warranties for personal injuries to other persons. A seller may not exclude or limit the operation of this section.(1959, P.A. 133, S. 2-318; February, 1965, P.A. 377, S. 2.)History: 1965 act specified that “section is neutral with respect to case law or statutory law extending warranties for personal injuries to other persons”.Cited. 148 C. 714, 716. Claim that, since statutory remedies for breach of warranty exist, rule of strict products liability in tort should not apply, not accepted. 159 C. 496, 503. Cited. 184 C. 607.Cited. 33 CA 575.Third party beneficiary of express and implied warranties was not required to give notice of their breach to manufacturer under Sec. 42a-2-607 as condition precedent to suit. 26 CS 223.
CT Gen Stat § 42a-2-319 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-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 section 42a-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 section 42a-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 section 42a-2-323 on the form of bill of lading.(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 section 42a-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.(1959, P.A. 133, S. 2-319.)Cited. 207 C. 599; 214 C. 444; 238 C. 571.Use of phrase FOB Los Angeles, meaning free on board, made this portion of agreement not only price term covering defendant's obligation to pay freight charges between Los Angeles and Westport, but also controlling factor putting on him risk of loss of merchandise upon delivery to the carrier. 5 Conn. Cir. Ct. 597.
CT Gen Stat § 42a-2-320 (2020)
2020 Connecticut General Statutes|Title 42a - Uniform Commercial Code|Article 2 - Sales|Section 42a-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 endorsement 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.(1959, P.A. 133, S. 2-320.)