reglab/housing_qa huggingface dataset:
DC Code § 28:2-317 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part III - General Obligation and Construction of Contract|§ 28:2-317. 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.  (Dec. 30, 1963, 77 Stat. 649, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-317. 1973 Ed., § 28:2-317. Uniform Commercial Code Comment Prior Uniform Statutory Provision: On cumulation of warranties see Sections 14, 15, and 16, Uniform Sales Act. Changes: Completely rewritten into one section. Purposes of Changes: 1. The present section rests on the basic policy of this Article that no warranty is created except by some conduct (either affirmative action or failure to disclose) on the part of the seller. Therefore, all warranties are made cumulative unless this construction of the contract is impossible or unreasonable. This Article thus follows the general policy of the Uniform Sales Act except that in case of the sale of an article by its patent or trade name the elimination of the warranty of fitness depends solely on whether the buyer has relied on the seller’s skill and judgment; the use of the patent or trade name is but one factor in making this determination. 2. The rules of this section are designed to aid in determining the intention of the parties as to which of inconsistent warranties which have arisen from the circumstances of their transaction shall prevail. These rules of intention are to be applied only where factors making for an equitable estoppel of the seller do not exist and where he has in perfect good faith made warranties which later turn out to be inconsistent. To the extent that the seller has led the buyer to believe that all of the warranties can be performed, he is estopped from setting up any essential inconsistency as a defense. 3. The rules in subsections (a), (b) and (c) are designed to ascertain the intention of the parties by reference to the factor which probably claimed the attention of the parties in the first instance. These rules are not absolute but may be changed by evidence showing that the conditions which existed at the time of contracting make the construction called for by the section inconsistent or unreasonable. Cross Reference: Point 1: Section 2-315. Definitional Cross Reference: “Party”. Section 1-201.
DC Code § 28:2-321 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part III - General Obligation and Construction of Contract|§ 28:2-321. 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.  (Dec. 30, 1963, 77 Stat. 650, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-321. 1973 Ed., § 28:2-321. Section References This section is referenced in § 28:2-513. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: This section deals with two variations of the C.I.F. contract which have evolved in mercantile practice but are entirely consistent with the basis C.I.F. pattern. Subsections (1) and (2), which provide for a shift to the seller of the risk of quality and weight deterioration during shipment, are designed to conform the law to the best mercantile practice and usage without changing the legal consequences of the C.I.F. or C. & F. term as to the passing of marine risks to the buyer at the point of shipment. Subsection (3) provides that where under the contract documents are to be presented for payment after arrival of the goods, this amounts merely to a postponement of the payment under the C.I.F. contract and is not to be confused with the “no arrival, no sale“ contract. If the goods are lost, delivery of the documents and payment against them are due when the goods should have arrived. The clause for payment on or after arrival is not to be construed as such a condition precedent to payment that if the goods are lost in transit the buyer need never pay and the seller must bear the loss. Cross Reference:Section 2-324. Definitional Cross References: “Agreement”. Section 1-201. “Contract”. Section 1-201. “Delivery”. Section 1-201. “Goods”. Section 2-105. “Seller”. Section 2-103. “Term”. Section 1-201.
DC Code § 28:2-322 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part III - General Obligation and Construction of Contract|§ 28:2-322. 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.  (Dec. 30, 1963, 77 Stat. 651, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-322. 1973 Ed., § 28:2-322. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: 1. The delivery term, “exship”, as between seller and buyer, is the reverse of the F.A.S. term covered. 2. Delivery need not be made from any particular vessel under a clause calling for delivery “exship”, even though a vessel on which shipment is to be made originally is named in the contract, unless the agreement by appropriate language restricts the clause to delivery from a named vessel. 3. The appropriate place and manner of unloading at the port of destination depend upon the nature of the goods and the facilities and usages of the port. 4. A contract fixing a price “ex ship” with payment “cash against documents” calls only for such documents as are appropriate to the contract. Tender of a delivery order and of a receipt for the freight after the arrival of the carrying vessel is adequate. The seller is not required to tender a bill of lading as a document of title nor is he required to insure the goods for the buyer’s benefit, as the goods are not at the buyer’s risk during the voyage. Cross Reference: Point 1: Section 2-319(2). Definitional Cross References: “Buyer”. Section 2-103. “Goods”. Section 2-105. “Seller”. Section 2-103. “Term”. Section 1-201.
DC Code § 28:2-325 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part III - General Obligation and Construction of Contract|§ 28:2-325. “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.  (Dec. 30, 1963, 77 Stat. 652, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-325. 1973 Ed., § 28:2-325. Section References This section is referenced in § 28:2-103. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: To express the established commercial and banking understanding as to the meaning and effects of terms calling for “letters of credit” or “confirmed credit”: 1. Subsection (2) follows the general policy of this Article and Article 3 ( Section 3-802) on conditional payment, under which payment by check or other short-term instrument is not ordinarily final as between the parties if the recipient duly presents the instrument and honor is refused. Thus the furnishing of a letter of credit does not substitute the financing agency’s obligation for the buyer’s, but the seller must first give the buyer reasonable notice of his intention to demand direct payment from him. 2. Subsection (3) requires that the credit be irrevocable and be a prime credit as determined by the standing of the issuer. It is not necessary, unless otherwise agreed, that the credit be a negotiation credit; the seller can finance himself by an assignment of the proceeds under Section 5-116(2). 3. The definition of “confirmed credit” is drawn on the supposition that the credit is issued by a bank which is not doing direct business in the seller’s financial market; there is no intention to require the obligation of two banks both local to the seller. Cross References:Sections 2-403, 2-511(3) and 3-802 and Article 5. Definitional Cross References: “Buyer”. Section 2-103. “Contract for sale”. Section 2-106. “Draft”. Section 3-104. “Financing agency”. Section 2-104. “Notifies”. Section 1-201. “Overseas”. Section 2-323. “Purchaser”. Section 1-201. “Seasonably”. Section 1-204. “Seller”. Section 2-103. “Term”. Section 1-201.
DC Code § 28:2-316.01 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part III - General Obligation and Construction of Contract|§ 28:2-316.01. Limitation of exclusion or modification of warranties consumers

(1) The provisions of section 28:2-316 do not apply to the sale of consumer goods, as defined by section 28:9-109, services, or both. (2) Any oral or written language used by a seller of consumer goods and services, which attempts to exclude or modify any implied warranties of merchantability or fitness for a particular purpose or to exclude or modify the consumer’s remedies for breach of those warranties, is unenforceable. However, such merchant may recover from the manufacturer any damages resulting from breach of the implied warranty of merchantability or fitness for a particular purpose. (3) The provisions of subsection (2) do not apply to particular defects and limitations of consumer goods and services noted conspicuously in writing at the time of sale. (4) Any oral or written language used by a manufacturer of consumer goods, which attempts to limit or modify a consumer’s remedies for breach of the manufacturer’s express warranties is unenforceable, unless the manufacturer provided reasonable and expeditious means of performing the warranty obligations.  (Mar. 16, 1982, D.C. Law 4-85, § 42, 29 DCR 309.)  Prior Codifications 1981 Ed., § 28:2-316.1. Editor's Notes Section 39(c) of D.C. Law 15-354 provided that the section designation of § 28-2-316.1 of the District of Columbia Official Code is redesignated as § 28-316.01.
DC Code § 28:2-402 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part IV - Title, Creditors and Good Faith Purchasers|§ 28:2-402. Rights of seller’s creditors against sold goods

(1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer’s rights to recover the goods under this article (sections 28:2-502 and 28:2-716). (2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent. (3) Nothing in this article shall be deemed to impair the rights of creditors of the seller (a) under the provisions of the article on secured transactions (Article 9); or (b) where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a pre-existing claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this article constitute the transaction a fraudulent transfer or voidable preference.  (Dec. 30, 1963, 77 Stat. 654, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-402. 1973 Ed., § 28:2-402. Section References This section is referenced in § 28:1-301 and § 28:7-504. Uniform Commercial Code Comment Prior Uniform Statutory Provision: Subsection (2)—Section 26, Uniform Sales Act; Subsections (1) and (3)—none. Changes: Rephrased. Purposes of Changes and New Matter: To avoid confusion on ordinary issues between current sellers and buyers and issues in the field of preference and hindrance by making it clear that: 1. Local law on questions of hindrance of creditors by the seller’s retention of possession of the goods are outside the scope of this Article, but retention of possession in the current course of trade is legitimate. Transactions which fall within the law’s policy against improper preferences are reserved from the protection of this Article. 2. The retention of possession of the goods by a merchant seller for a commercially reasonable time after a sale or identification in current course is exempted from attack as fraudulent. Similarly, the provisions of subsection (3) have no application to identification or delivery made in the current course of trade, as measured against general commercial understanding of what a “current” transaction is. Definitional Cross References: “Contract for sale”. Section 2-106. “Creditor”. Section 1-201. “Good faith”. Section 2-103. “Goods”. Section 2-105. “Merchant”. Section 2-104. “Money”. Section 1-201. “Reasonable time”. Section 1-204. “Rights”. Section 1-201. “Sale”. Section 2-106. “Seller”. Section 2-103.
DC Code § 28:2-507 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part V - Performance|§ 28:2-507. Effect of seller’s tender; delivery on condition

(1) Tender of delivery is a condition to the buyer’s duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract. (2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due.  (Dec. 30, 1963, 77 Stat. 657, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-507. 1973 Ed., § 28:2-507. Section References This section is referenced in § 28:2-505. Uniform Commercial Code Comment Prior Uniform Statutory Provision: See Sections 11, 41, 42 and 69, Uniform Sales Act. Purposes: 1. Subsection (1) continues the policies of the prior uniform statutory provisions with respect to tender and delivery by the seller. Under this Article the same rules in these matters are applied to present sales and to contracts for sale. But the provisions of this subsection must be read within the framework of the other sections of this Article which bear upon the question of delivery and payment. 2. The “unless otherwise agreed” provision of subsection (1) is directed primarily to cases in which payment in advance has been promised or a letter of credit term has been included. Payment “according to the contract” contemplates immediate payment, payment at the end of an agreed credit term, payment by a time acceptance or the like. Under this Act, “contract” means the total obligation in law which results from the parties’ agreement including the effect of this Article. In this context, therefore, there must be considered the effect in law of such provisions as those on means and manner of payment and on failure of agreed means and manner of payment. 3. Subsection (2) deals with the effect of a conditional delivery by the seller and in such a situation makes the buyer’s “right as against the seller” conditional upon payment. These words are used as words of limitation to conform with the policy set forth in the bona fide purchase sections of this Article. Should the seller after making such a conditional delivery fail to follow up his rights, the condition is waived. The provision of this Article for a ten day limit within which the seller may reclaim goods delivered on credit to an insolvent buyer is also applicable here. Cross References: Point 1: Sections 2-310, 2-503, 2-511, 2-601 and 2-711 to 2-713. Point 2: Sections 1-201, 2-511 and 2-614. Point 3: Sections 2-401, 2-403, and 2-702(1)(b). Definitional Cross References: “Buyer”. Section 2-103. “Contract”. Section 1-201. “Delivery”. Section 1-201. “Document of title”. Section 1-201. “Goods”. Section 2-105. “Rights”. Section 1-201. “Seller”. Section 2-103.
DC Code § 28:2-514 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part V - Performance|§ 28:2-514. When documents deliverable on acceptance; when on payment

Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment.  (Dec. 30, 1963, 77 Stat. 659, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-514. 1973 Ed., § 28:2-514. Uniform Commercial Code Comment Prior Uniform Statutory Provision: Section 41, Uniform Bills of Lading Act. Changes: Rewritten. Purposes of Changes: To make the provision one of general application so that: 1. It covers any document against which a draft may be drawn, whatever may be the form of the document, and applies to interpret the action of a seller or consignor insofar as it may affect the rights and duties of any buyer, consignee or financing agency concerned with the paper. Supplementary or corresponding provisions are found in Sections 4-503 and 5-112. 2. An “arrival” draft is a sight draft within the purpose of this section. Cross References: Point 1: See Sections 2-502, 2-505(2), 2-507(2), 2-512, 2-513, 2-607 concerning protection of rights of buyer and seller, and 4-503 and 5-113 on delivery of documents. Definitional Cross References: “Delivery”. Section 1-201. “Draft”. Section 3-104.
DC Code § 28:2-604 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 2 - Sales|Part VI - Breach, Repudiation and Excuse|§ 28:2-604. Buyer’s options as to salvage of rightfully rejected goods

Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller’s account or reship them to him or resell them for the seller’s account with reimbursement as provided in the preceding section. Such action is not acceptance or conversion.  (Dec. 30, 1963, 77 Stat. 660, Pub. L. 88-243, § 1.)  Prior Codifications 1981 Ed., § 28:2-604. 1973 Ed., § 28:2-604. Section References This section is referenced in § 28:2-602. Uniform Commercial Code Comment Prior Uniform Statutory Provision: None. Purposes: The basic purpose of this section is twofold: on the one hand it aims at reducing the stake in dispute and on the other at avoiding the pinning of a technical “acceptance” on a buyer who has taken steps towards realization on or preservation of the goods in good faith. This section is essentially a salvage section and the buyer’s right to act under it is conditioned upon (1) non-conformity of the goods, (2) due notification of rejection to the seller under the section on manner of rejection, and (3) the absence of any instructions from the seller which the merchant-buyer has a duty to follow under the preceding section. This section is designed to accord all reasonable leeway to a rightfully rejecting buyer acting in good faith. The listing of what the buyer may do in the absence of instructions from the seller is intended to be not exhaustive but merely illustrative. This is not a “merchant’s” section and the options are pure options given to merchant and nonmerchant buyers alike. The merchant-buyer, however, may in some instances be under a duty rather than an option to resell under the provisions of the preceding section. Cross References:Sections 2-602(1), and 2-603(1) and 2-706. Definitional Cross References: “Buyer”. Section 2-103. “Notification”. Section 1-201. “Reasonable time”. Section 1-204. “Seller”. Section 2-103.