CO Code § 4-2-102 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 2 - Sales|Part 1 - Short Title, General Construction, and Subject Matter|§ 4-2-102. Scope - Certain Security and Other Transactions Excluded From This Article

  Unless the context otherwise requires, this article applies to transactions in goods; it does not apply to:   Any transaction which, although in the form of an unconditional contract to sell or present sale, is intended to operate only as a security transaction, nor does this article impair or repeal any statute regulating sales to consumers, farmers, or other specified classes of buyers; and    The donation, whether for or without valuable consideration, acquisition, preparation, transplantation, injection, or transfusion of any human tissue, organ, or blood or component thereof for or to a human being.        History. Source: L. 65: P. 1298, § 1. C.R.S. 1963: § 155-2-102. L. 77: Entire section R&RE, p. 313, § 5, effective January 1, 1978. History. Source: L. 65: P. 1298, § 1. C.R.S. 1963: § 155-2-102. L. 77: Entire section R&RE, p. 313, § 5, effective January 1, 1978.    Editor's note - Colorado legislative change: Colorado added new paragraph (b). There is no counterpart to paragraph (b) in the uniform act.   Cross references:   For secured transactions, sales of accounts, contract rights, and chattel paper, see article 9 of this title; for the “Revised Uniform Anatomical Gift Act”, see part 2 of article 19 of title 15; for nontransplant tissue banks, see article 140 of title 12; for limitation on liability regarding transplants and transfusion of blood, see § 13-22-104 .   OFFICIAL COMMENT   Prior Uniform Statutory Provision: Section 75, Uniform Sales Act.   Changes: Section 75 has been rephrased.   Purposes of Changes and New Matter: To make it clear that:   The Article leaves substantially unaffected the law relating to purchase money security such as conditional sale or chattel mortgage though it regulates the general sales aspects of such transactions. “Security transaction” is used in the same sense as in the Article on Secured Transactions (Article 9).   Cross Reference:   Article 9.   Definitional Cross References:   “Contract”. Section 4-1-201 .   “Contract for sale”. Section 4-2-106 .   “Present sale”. Section 4-2-106 .   “Sale”. Section 4-2-106 .   ANNOTATION   Uniform commercial code does not apply to the transfer of interests in real property. Gallegos v. Graff, 32 Colo. App. 213, 508 P.2d 798 .   The uniform commercial code does not supplant livestock bill of sale laws. Although livestock are “goods”, the UCC does not supplant the livestock bill of sale laws concerning the passage of title to livestock. Cugnini v. Reynolds Cattle Co., 648 P.2d 159 (Colo. App. 1981), aff'd, 687 P.2d 962 (Colo. 1984).   Application of term “goods”. The term “goods” as employed in this section applies to a sale by a merchant of used, as well as new, goods. Moore v. Burt Chevrolet, Inc., 39 Colo. App. 11, 563 P.2d 369 (1977).   Refinery sale did not involve sale of “goods” and thus was not covered by this article. McClanahan v. Am. Gilsonite Co., 494 F. Supp. 1334 (D. Colo. 1980 ).   Statutory warranties not applicable to service contracts. The statutory warranties imposed by the uniform sales act do not apply as a matter of law to service contracts. Samuelson v. Chutich, 187 Colo. 155 , 529 P.2d 631 (1974).   A contract for the delivery of natural gas is a sale of goods within the meaning of the sales article of the uniform commercial code. KN Energy, Inc. v. Great Western Sugar Co., 698 P.2d 769 (Colo. 1985), cert. denied, 472 U.S. 1022, 105 S. Ct. 3489, 87 L. Ed. 2d 623 (1985).   Transaction was within the scope of the sales article of the uniform commercial code. Guy Martin Buick, Inc. v. Colo. Springs Nat'l Bank, 32 Colo. App. 235, 511 P.2d 912 (1973), aff'd, 184 Colo. 166 , 519 P.2d 354 (1974).   Marketing agreements for manufactured products was within the scope of the sales article of the uniform commercial code where one party purchased and maintained an inventory of the manufacturer's products for direct sales to customers. William H. White Co. v. BA Mfg. Co., 794 P.2d 1099 (Colo. App. 1990).   Applied in Smith v. Union Supply Co., 675 P.2d 333 (Colo. App. 1983).