reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 2.310 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation

Sec. 2.310.  OPEN TIME FOR PAYMENT OR RUNNING OF CREDIT; AUTHORITY TO SHIP UNDER RESERVATION.  Unless otherwise agreed(1)  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(2)  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 (Section 2.513); and(3)  if delivery is authorized and made by way of documents of title otherwise than by Subdivision (2) then payment is due regardless of where the goods are to be received:(A)  at the time and place at which the buyer is to receive delivery of the tangible documents; or(B)  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(4)  where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but post-dating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.Amended by: Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 5, eff. September 1, 2005.|
TX Bus & Com Code § 2.311 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.311. Options and Cooperation Respecting Performance

Sec. 2.311.  OPTIONS AND COOPERATION RESPECTING PERFORMANCE.  (a)  An agreement for sale which is otherwise sufficiently definite (Subsection (c) of Section 2.204) 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.(b)  Unless otherwise agreed specifications relating to assortment of the goods are at the buyer's option and except as otherwise provided in Subsections (a)(3) and (c) of Section 2.319 specifications or arrangements relating to shipment are at the seller's option.(c)  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(1)  is excused for any resulting delay in his own performance;  and(2)  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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.312 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement

Sec. 2.312.  WARRANTY OF TITLE AND AGAINST INFRINGEMENT;  BUYER'S OBLIGATION AGAINST INFRINGEMENT.  (a)  Subject to Subsection (b) there is in a contract for sale a warranty by the seller that(1)  the title conveyed shall be good, and its transfer rightful;  and(2)  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.(b)  A warranty under Subsection (a) 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.(c)  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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.313 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.313. Express Warranties by Affirmation, Promise, Description, Sample

Sec. 2.313.  EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, SAMPLE.  (a)  Express warranties by the seller are created as follows:(1)  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.(2)  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.(3)  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.(b)  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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.314 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.314. Implied Warranty: Merchantability; Usage of Trade

Sec. 2.314.  IMPLIED WARRANTY:  MERCHANTABILITY;  USAGE OF TRADE.  (a)  Unless excluded or modified (Section 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.(b)  Goods to be merchantable must be at least such as(1)  pass without objection in the trade under the contract description;  and(2)  in the case of fungible goods, are of fair average quality within the description;  and(3)  are fit for the ordinary purposes for which such goods are used;  and(4)  run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved;  and(5)  are adequately contained, packaged, and labeled as the agreement may require;  and(6)  conform to the promises or affirmations of fact made on the container or label if any.(c)  Unless excluded or modified (Section 2.316) other implied warranties may arise from course of dealing or usage of trade.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.315 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.315. Implied Warranty: Fitness for Particular Purpose

Sec. 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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.316 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.316. Exclusion or Modification of Warranties

Sec. 2.316.  EXCLUSION OR MODIFICATION OF WARRANTIES.  (a)  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 chapter on parol or extrinsic evidence (Section 2.202) negation or limitation is inoperative to the extent that such construction is unreasonable.(b)  Subject to Subsection (c), 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."(c)  Notwithstanding Subsection (b)(1)  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(2)  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(3)  an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.(d)  Remedies for breach of warranty can be limited in accordance with the provisions of this chapter on liquidation or limitation of damages and on contractual modification of remedy (Sections 2.718 and 2.719).(e)  The implied warranties of merchantability and fitness shall not be applicable to the furnishing of human blood, blood plasma, or other human tissue or organs from a blood bank or reservoir of such other tissues or organs.  Such blood, blood plasma or tissue or organs shall not for the purpose of this Title be considered commodities subject to sale or barter, but shall be considered as medical services.(f)  The implied warranties of merchantability and fitness do not apply to the sale or barter of livestock or its unborn young.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.  Amended by Acts 1979, 66th Leg., p. 190, ch. 99, Sec. 1, eff. May 2, 1979.|
TX Bus & Com Code § 2.317 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.317. Cumulation and Conflict of Warranties Express or Implied

Sec. 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:(1)  Exact or technical specifications displace an inconsistent sample or model or general language of description.(2)  A sample from an existing bulk displaces inconsistent general language of description.(3)  Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.318 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.318. Chapter Neutral on Question of Third Party Beneficiaries of Warranties of Quality and on Need for Privity of Contract

Sec. 2.318.  CHAPTER NEUTRAL ON QUESTION OF THIRD PARTY BENEFICIARIES OF WARRANTIES OF QUALITY AND ON NEED FOR PRIVITY OF CONTRACT.  This chapter does not provide whether anyone other than a buyer may take advantage of an express or implied warranty of quality made to the buyer or whether the buyer or anyone entitled to take advantage of a warranty made to the buyer may sue a third party other than the immediate seller for deficiencies in the quality of the goods.  These matters are left to the courts for their determination.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.319 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.319. F

Sec. 2.319.  F.O.B. AND F.A.S. TERMS.  (a)  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(1)  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 chapter (Section 2.504) and bear the expense and risk of putting them into the possession of the carrier;  or(2)  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 chapter (Section 2.503);(3)  when under either Subdivision (1) or (2) 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 chapter on the form of bill of lading (Section 2.323).(b)  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(1)  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(2)  obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.(c)  Unless otherwise agreed in any case falling within Subsection (a)(1) or (3) or Subsection (b) 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 chapter (Section 2.311).  He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment.(d)  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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.320 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.320. C

Sec. 2.320.  C.I.F. AND C. & F. TERMS.  (a)  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.(b)  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(1)  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(2)  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(3)  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(4)  prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract;  and(5)  forward and tender with commercial promptness all the documents in due form and with any indorsement necessary to perfect the buyer's rights.(c)  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.(d)  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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.321 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.321. C

Sec. 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.(a)  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.(b)  An agreement described in Subsection (a) 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.(c)  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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.322 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.322. Delivery "Ex-Ship"

Sec. 2.322.  DELIVERY "EX-SHIP".  (a)  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.(b)  Under such a term unless otherwise agreed(1)  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(2)  the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.323 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.323. Form of Bill of Lading Required in Overseas Shipment; "Overseas"

Sec. 2.323.  FORM OF BILL OF LADING REQUIRED IN OVERSEAS SHIPMENT;  "OVERSEAS".  (a)  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.(b)  Where in a case within Subsection (a) a 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(1)  due tender of a single part is acceptable within the provisions of this chapter on cure of improper delivery (Subsection (a) of Section 2.508);  and(2)  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.(c)  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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.324 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.324. "No Arrival, No Sale" Term

Sec. 2.324.  "NO ARRIVAL, NO SALE" TERM.  Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed,(1)  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(2)  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 2.613).|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|
TX Bus & Com Code § 2.325 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 2 - Sales|Subchapter C. General Obligation and Construction of Contract|Section 2.325. "Letter of Credit" Term; "Confirmed Credit"

Sec. 2.325.  "LETTER OF CREDIT" TERM; "CONFIRMED CREDIT".  (a)  Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.(b)  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.(c)  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.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.|