CO Code § 4-2-103 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 1 - Short Title, General Construction, and Subject Matter|§ 4-2-103. Definitions and Index of Definitions

  In this article unless the context otherwise requires:   “Buyer” means a person who buys or contracts to buy goods.    “Good faith” in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.    “Receipt” of goods means taking physical possession of them.    “Seller” means a person who sells or contracts to sell goods.       Other definitions applying to this article or to specified portions thereof, and the sections in which they appear are:    “Control” as provided in section 4-7-106 and the following definitions in other articles apply to this article:    In addition, article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.      “Acceptance”. . Section 4-2-606 “Banker's credit”. . Section 4-2-325 “Between merchants”. . Section 4-2-104 “Cancellation”. . Section (4) “Commercial unit”. . Section 4-2-105 “Confirmed credit”. . Section 4-2-325 “Conforming to contract”. . Section 4-2-106 “Contract for sale”. . Section 4-2-106 “Cover”. . Section 4-2-712 “Entrusting”. . Section 4-2-403 “Financing agency”. . Section 4-2-104 “Future goods”. . Section 4-2-105 “Goods”. . Section 4-2-105 “Identification”. . Section 4-2-501 “Installment contract”. . Section 4-2-612 “Letter of credit”. . Section 4-2-325 “Lot”. . Section 4-2-105 “Merchant”. . Section 4-2-104 “Overseas”. . Section 4-2-323 “Person in position of seller”. . Section 4-2-707 “Present sale”. . Section 4-2-106 “Sale”. . Section 4-2-106 “Sale on approval”. . Section 4-2-326 “Sale or return”. . Section 4-2-326 “Termination”. . Section 4-2-106    “Check”. . Section 4-3-104 “Consignee”. . Section 4-7-102 “Consignor”. . Section 4-7-102 “Consumer goods”. . Section 4-9-102 “Dishonor”. . Section 4-3-502 “Draft”. . Section 4-3-104   History. Source: L. 65: P. 1298, § 1. C.R.S. 1963: § 155-2-103. L. 99: (3) amended, p. 616, § 2, effective August 4. L. 2001: (3) amended, p. 1436, § 18, effective July 1. L. 2006: (3) amended, p. 490, § 3, effective September 1. L. 2007: (3) amended, p. 374, § 27, effective August 3. History. Source: L. 65: P. 1298, § 1. C.R.S. 1963: § 155-2-103. L. 99: (3) amended, p. 616, § 2, effective August 4. L. 2001: (3) amended, p. 1436, § 18, effective July 1. L. 2006: (3) amended, p. 490, § 3, effective September 1. L. 2007: (3) amended, p. 374, § 27, effective August 3.    Cross references:   For the delegation of performance and assignment of rights, see § 4-2-210 .   OFFICIAL COMMENT   Prior Uniform Statutory Provision: Subsection (1): Section 76, Uniform Sales Act.   Changes:   The definitions of “buyer” and “seller” have been slightly rephrased, the reference in Section 76 of the prior Act to “any legal successor in interest of such person” being omitted. The definition of “receipt” is new.   Purposes of Changes and New Matter:   1. The phrase “any legal successor in interest of such person” has been eliminated since Section 2-210 of this Article, which limits some types of delegation of performance on assignment of a sales contract, makes it clear that not every such successor can be safely included in the definition. In every ordinary case, however, such successors are as of course included.   2. “Receipt” must be distinguished from delivery particularly in regard to the problems arising out of shipment of goods, whether or not the contract calls for making delivery by way of documents of title, since the seller may frequently fulfill his obligations to “deliver” even though the buyer may never “receive” the goods. Delivery with respect to documents of title is defined in Article 1 and requires transfer of physical delivery. Otherwise the many divergent incidents of delivery are handled incident by incident.   Cross References:   Point 1: See Section 4-2-210 and Comment thereon.   Point 2: Section 4-1-201 .   Definitional Cross Reference:   “Person”. Section 4-1-201 .   ANNOTATION   Law reviews. For article, “Buyer-Secured Party Conflicts Under Section 9-307(1) of the Uniform Commercial Code”, see 46 U. Colo. L. Rev. 333 (1974-75).   Upon repossession of collateral, a secured creditor becomes a legal successor in interest to its debtor, the initial buyer, and therefore becomes a buyer within the meaning of this section and may recover as a third-party beneficiary on a breach of warranty claim. Cheyenne Mtn. Bank v. Whetstone Corp., 787 P.2d 210 (Colo. App. 1990).   Applied in Palmer v. A.H. Robins, Co., Inc., 684 P.2d 187 (Colo. 1984).