reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6325 - Purchase money loan; notice

§ 6325. Purchase money loan; notice.
(a) General rule.--
Unless an instrument that evidences or embodies a debt arising from a purchase money loan contains the notice under subsection (b):
(1) a purchase money lender may not take or receive the instrument; and
(2) a seller may not accept the proceeds of the purchase money loan as full or partial payment for the sale.
(b) Notice.--
An instrument under subsection (a) shall contain the following notice:
NOTICE
A holder of this agreement is subject to all the claims and defenses that the buyer could assert against the seller of goods or services obtained with the proceeds of this agreement. Recovery under this agreement by the buyer may not exceed the amount paid by the buyer under the agreement.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Purchase money lender."
Either a seller or financing agency making or extending a purchase money loan.
"Purchase money loan."
An advance that is received by a buyer in return for a finance charge or interest that is applied to a purchase of goods or services from a seller who is affiliated, by common control or business arrangement, with the person extending the credit to the buyer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6326 - Statement to buyer

§ 6326. Statement to buyer.
(a) Request; contents.--
At any time after the execution of a closed-end credit agreement and within one year after the last payment is made under the agreement, the holder of the agreement shall upon the good faith written request of the buyer promptly give or forward to the buyer a detailed written statement that accurately states the total unpaid amount under the agreement.
(b) Copies.--
(1) The buyer shall be furnished with one statement under this section each year without charge.
(2) The holder shall, upon request, furnish the buyer a duplicate copy of the statement upon payment of a reasonable fee not to exceed the cost of production.
(c) Applicability.--
This section does not apply to a transaction in which, instead of periodic statements of account, the buyer is provided with a passbook or payment book in which payments, credits, charges and the unpaid balance are entered.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6327 - Refinancing

§ 6327. Refinancing.
(a) General rule.--
Upon agreement in writing with the buyer, the holder of a closed-end credit agreement may refinance the payment of the unpaid time balance of the agreement by providing for a new schedule of installment payments.
(b) Charges.--
(1) The holder may contract for and collect the payment of a refinance charge by the buyer.
(2) A refinance charge shall be based on the amount refinanced and include the following:
(i) The additional cost of insurance and official fees incident to the refinancing.
(ii) The deduction of a refund credit in an amount equal to that to which the buyer would have been entitled under section 6313 (relating to prepayment of obligation) if the buyer had prepaid in full the obligations under the agreement.
(3) A refinance charge may not exceed the rate of finance charges under section 6345 (relating to finance charges).
(4) Subject to section 6342 (relating to insurance), an agreement may provide for payment of the additional cost of or premiums for continuing insurance coverage under the contract until the maturity of the contract.
(c) Contents of agreement.--
The refinancing agreement shall set forth all of the following:
(1) The amount of the unpaid time balance to be refinanced.
(2) The amount of a refund credit.
(3) The amount to be refinanced after the deduction of the refund credit.
(4) The amount of the finance charge under the refinancing agreement.
(5) The additional cost of insurance and official fees to the buyer.
(6) The new unpaid time balance.
(7) The new schedule of installment payments.
(d) Consolidation of contracts.--
If there is a consolidation of two or more agreements, the provisions of section 6329(a) and (b) (relating to add-on sales) apply.
Cross References.
Section 6327 is referred to in sections 6352, 6353 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6328 - New payment schedule

§ 6328. New payment schedule.
(a) Right to new payment schedule.--
If a closed-end credit agreement provides for the payment of an installment that is more than double the amount of the average of the preceding installments, the buyer upon default of this installment shall have an absolute right to obtain a new payment schedule.
(b) Payments.--
Unless agreed to by the buyer, the periodic payments under the new schedule may not be greater than the average of the preceding installments.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6329 - Add-on sales

§ 6329. Add-on sales.
(a) Add-on provisions.--
A closed-end credit agreement that includes an add-on sales provision shall comply with the requirements of this chapter and may contain the following provisions:
(1) The seller may add subsequent purchases made by the buyer to the agreement.
(2) The total price of the goods or services covered by the agreement shall be increased by the price of the additional goods or services.
(3) The seller may increase finance charges and installment payments proportionately.
(4) The terms and conditions of the agreement shall apply equally to the additional goods or services.
(5) The goods purchased under the previous agreement shall be security for the goods purchased under the subsequent agreement but only until the time sale price under the previous agreement is fully paid.
(b) Allocation.--
(1) When a subsequent purchase is made, the entire amount of all previously made payments is deemed to have been applied toward the payment of the previous time sale price.
(2) A payment received after a subsequent purchase is made is deemed to be allocated to all the various time sale prices in the same proportion or ratio as the original purchase prices of the various purchases bear to one another.
(3) If the amount of each installment payment is increased in connection with the subsequent purchase, the subsequent payments at the seller's election may be deemed to be allocated as follows:
(i) An amount equal to the original installment payment to the previous time sale price.
(ii) An amount equal to the increase to the subsequent time sale price.
(4) The amount of an initial or down payment on a subsequent purchase is deemed to be allocated in its entirety to the subsequent purchase.
(c) New agreement.--
When a subsequent purchase is made, the seller shall deliver to the buyer prior to the due date of the first installment a new agreement that sets forth all of the following:
(1) The information under section 6322(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) (relating to contents) as it relates to the subsequent purchase.
(2) The unpaid time balance of the prior agreement with the seller.
(3) The new unpaid balance, which is the sum of the amount under paragraph (2) and the amount described in section 6322(11) for the subsequent purchase.
(4) The consolidated time balance, which is the sum of the unpaid balance under paragraph (3) and the amount of the finance charge payable by the buyer to the seller, including the following:
(i) The number of installments required.
(ii) The amount of each installment expressed in dollars.
(iii) The due date or period for each installment.
(5) A statement that the seller is adding the subsequent purchase to the buyer's existing agreement in accordance with the provisions of that agreement.
Cross References.
Section 6329 is referred to in sections 6321, 6322, 6327, 6333, 6353 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6331 - Establishment

§ 6331. Establishment.
(a) Seller.--
A seller may enter into an open-end credit agreement upon the request of a buyer or prospective buyer.
(b) Financing agency.--
Subject to the other provisions of this chapter, a financing agency may enter into an open-end credit agreement on behalf of a seller from whom the financing agency may, with the buyer's consent, purchase or acquire the buyer's indebtedness, to be paid according to the agreement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6332 - Requirements

§ 6332. Requirements.
(a) Signature.--
A seller may not obtain the signature of a buyer on an application for an open-end credit agreement if it contains blank spaces to be filled in after it has been signed.
(b) Separate agreement unnecessary.--
A buyer does not need to sign a separate account agreement when a new purchase is made under an existing agreement.
(c) Heading.--
The following heading shall appear at the top of the agreement or directly above the space reserved for the signature of the buyer:
(1) "Security Agreement" if the seller retains a security interest in the goods as security for the goods or services purchased.
(2) "Lien Contract" if the seller obtains a lien on other goods or nonresidential real estate as security for the goods or services purchased.
(3) "Open-End Credit Agreement" if the seller does not obtain security for the goods or services purchased.
(d) Entire agreement.--
The written agreement shall contain the entire agreement of the parties regarding the costs and terms of payment for the goods and services.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6333 - Applicability and effect of subchapter

§ 6333. Applicability and effect of subchapter.
(a) Security interest.--
This subchapter does not prohibit the execution of an agreement between a buyer and seller whereby the seller retains a security interest in goods sold to the buyer until full payment has been made.
(b) Allocation.--
Section 6329(b) (relating to add-on sales) governs goods sold under an agreement under subsection (a).
(c) Notes; third party rights.--
An open-end credit agreement may not require or entail the execution of a note by the buyer that when separately negotiated will eliminate as to a third party a right of action or defense that the buyer may have against the seller.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6342 - Insurance

§ 6342. Insurance.
(a) Compliance with law.--
The following shall comply with the act of September 2, 1961 (P.L.1232, No.540), known as the Model Act for the Regulation of Credit Life Insurance and Credit Accident and Health Insurance:
(1) The seller and buyer, if:
(i) the cost of the insurance is included in the closed-end credit agreement; and
(ii) a separate charge is made to the buyer for the insurance.
(2) The seller or holder, if the insurance is to be procured by the seller or holder under an open-end credit agreement.
(b) Separate charge; agreement.--
(1) If the cost of insurance is to be separately charged to the buyer under an open-end credit agreement, the buyer and seller must so specify in a signed agreement.
(2) A copy of the agreement under paragraph (1) shall be given or furnished to the buyer.
(3) The agreement shall state whether the insurance is to be procured by the buyer, seller or holder.
Cross References.
Section 6342 is referred to in sections 6302, 6327, 6347 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6343 - Late fees

§ 6343. Late fees.
(a) Closed-end credit agreement.--
(1) A closed-end credit agreement may provide for the payment by the buyer of a late fee on each installment in default for a period of not less than ten days in an amount not in excess of 5% of the installment or $10, whichever is less.
(2) Only one late fee may be collected on an installment regardless of the period that it remains in default.
(b) Open-end credit agreement.--
A late fee may be assessed on an open-end credit agreement regarding each minimum payment not paid in full on the payment due date of the statement on which the minimum payment first appears.
Cross References.
Section 6343 is referred to in sections 6302, 6309, 6352, 6353 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6344 - Costs of collection

§ 6344. Costs of collection.
A closed-end credit agreement or an open-end credit agreement may provide for payment of actual and reasonable costs of collection only if any of the following occurs:
(1) If the goods are subject to a security interest, the goods are removed from this Commonwealth without the written permission of the holder.
(2) The buyer fails to notify the holder of a change of residence.
(3) The buyer fails to communicate with the holder for a period of 45 days after a default in making payments due under the agreement.
Cross References.
Section 6344 is referred to in sections 6302, 6352, 6353 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6345 - Finance charges

§ 6345. Finance charges.
(a) General rule.--
Pursuant to this section and the provisions of a closed-end credit agreement or an open-end credit agreement, a seller and holder may charge, receive and collect a finance charge.
(b) Closed-end credit agreement.--
A finance charge under a closed-end credit agreement shall be:
(1) measured for a period between the date of the agreement and the due date of the last installment; and
(2) calculated for the period according to the actuarial method or the United States Rule method, at a rate agreed to by the buyer and the seller or holder.
(c) Open-end credit agreement.--
(1) Except as provided in paragraph (2), a finance charge on an open-end credit agreement:
(i) shall be computed based on the outstanding monthly balances; and
(ii) may not exceed the rate agreed to by the buyer and the seller or holder.
(2) A minimum finance charge of $1 per month may be made for each month, if the finance charge so computed is less than that amount.
Cross References.
Section 6345 is referred to in sections 6327, 6352, 6353 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6346 - Costs from nonaffiliated entity

§ 6346. Costs from nonaffiliated entity.
A closed-end credit agreement and an open-end credit agreement may provide for the reimbursement from a buyer of costs for a service provided by an entity that is not otherwise affiliated with the seller or holder if all the following conditions exist:
(1) The buyer requests that the seller or holder provide the service.
(2) The service is for the convenience of the buyer.
(3) The seller or holder contracts with the entity to provide the service to the buyer or other buyers.
(4) The seller or holder actually incurs the costs of the service provided by the entity.
(5) The costs incurred for the service are reasonable and necessary.
(6) The reimbursement costs received from the buyer do not exceed the costs incurred by the seller or holder.
Cross References.
Section 6346 is referred to in section 6302 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6347 - Extension and deferment

§ 6347. Extension and deferment.
(a) General rule.--
Upon agreement with the buyer, the holder of a closed-end credit agreement or an open-end credit agreement may extend the scheduled due date or defer the scheduled payment of all or part of an installment payable under the agreement.
(b) Charges.--
(1) A charge may not be made for an extension or a deferment unless the extension or deferment agreement is in writing and signed by the parties.
(2) Subject to paragraph (3), the holder may contract for and collect the payment of an extension or deferment charge from the buyer.
(3) Except as provided in paragraph (4), the charge under paragraph (2) may not exceed an amount equal to 1.5% per month simple interest on the full amount or part of the installment for the extension or deferment period, which may not exceed the period:
(i) from the date when the extended or deferred installment would have been payable in the absence of the extension or deferment; and
(ii) to the date when the installment is made payable under the extension or deferment agreement.
(4) A minimum charge of $10 for the extension or deferment period may be made if the computed extension or deferment charge amounts to less than $10.
(5) Subject to section 6342 (relating to insurance), the agreement may provide for payment of the additional cost of or premiums for continuing insurance coverage under the agreement until the end of the extension or deferment period.
Cross References.
Section 6347 is referred to in sections 6302, 6309, 6352, 6353 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6348 - Interest rate after maturity

§ 6348. Interest rate after maturity.
If a balance remains unpaid at the expiration of the scheduled maturity date of a closed-end credit agreement, the rate of the finance charge for the period beginning at the date of the maturity until payment in full may not exceed the rate of the finance charge under the original agreement.
Cross References.
Section 6348 is referred to in sections 6352, 6353 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6351 - Willful and intentional violations

§ 6351. Willful and intentional violations.
A person who willfully and intentionally violates or directs or consents to the violation of a provision of this chapter commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than one year, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6352 - Noncompliance; costs and charges

§ 6352. Noncompliance; costs and charges.
(a) Bar to recovery.--
If a seller fails to comply with the provisions of this chapter, the seller or holder who acquires a closed-end credit agreement or an open-end credit agreement with knowledge of the noncompliance is barred from recovery of the following costs and charges imposed in connection with the agreement:
(1) Refinance charges under section 6327 (relating to refinancing).
(2) Late fees under section 6343 (relating to late fees).
(3) Costs of collection under section 6344 (relating to costs of collection).
(4) Finance charges under section 6345 (relating to finance charges).
(5) Extension and deferment charges under section 6347 (relating to extension and deferment).
(6) Interest after maturity under section 6348 (relating to interest rate after maturity).
(b) Remedy of buyer.--
The buyer shall have the right to recover from the person under subsection (a) an amount equal to the charges under subsection (a) that were paid by the buyer.
Cross References.
Section 6352 is referred to in section 6306 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6353 - Willful violations regarding finance charges

§ 6353. Willful violations regarding finance charges.
(a) Penalty.--
If a seller or holder willfully violates a provision of this chapter regarding the imposition, computation or disclosure of a finance charge on a consolidated total of two or more agreements under section 6329 (relating to add-on sales), the buyer may recover from the seller or holder an amount equal to three times the total of the following, which have been actually paid by the buyer:
(1) Refinance charges under section 6327 (relating to refinancing).
(2) Late fees under section 6343 (relating to late fees).
(3) Costs of collection under section 6344 (relating to costs of collection).
(4) Finance charges under section 6345 (relating to finance charges).
(5) Extension and deferment charges under section 6347 (relating to extension and deferment).
(6) Interest after maturity under section 6348 (relating to interest rate after maturity).
(b) Bar to recovery.--
If a violation has occurred under this section, the seller or holder is barred from the recovery of the costs and charges under subsection (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6354 - Corrections

§ 6354. Corrections.
(a) General rule.--
Notwithstanding the provisions of this chapter and subject to subsection (b), a seller or holder may correct a failure to comply with a provision of this chapter in accordance with this section unless a willful violation has occurred.
(b) Concurrence by buyer.--
A correction that will increase the amount owed by the buyer or the amount of a payment is not permitted unless the buyer concurs in writing with the correction.
(c) No liability.--
If a seller or holder corrects a violation in accordance with this section, the seller and holder are not subject to penalty under this subchapter.
(d) Delivery.--
Within 30 days of the execution of the original closed-end credit agreement or open-end credit agreement by the buyer, a correction may be delivered to the buyer in the form of a corrected copy of the agreement.
(e) Credit.--
An amount improperly collected from the buyer shall be:
(1) credited against the indebtedness evidenced by the agreement; or
(2) refunded to the buyer if the debt has already been satisfied.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 63 - Goods and Services Installment Sales › Section 6355 - Unfair trade practice

§ 6355. Unfair trade practice.
A violation of any provision of this chapter shall be deemed to be a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 98 - Assembled Industrial Plant Doctrine › Section 9801 - Assembled industrial plant doctrine abolished

§ 9801. Assembled industrial plant doctrine abolished.
(a) General rule.
--The assembled industrial plant doctrine, sometimes referred to as the integrated industrial plant doctrine or the integrated industrial mortgage doctrine, is abolished. Whether personal property placed or installed in an industrial, commercial or other establishment is a fixture shall be determined by other law.
(b) Eminent domain not affected.
--Subsection (a) shall not be construed to affect the application of the assembled economic unit doctrine in the context of eminent domain.
(c) Applicability.
--This section shall not apply to actions or proceedings commenced before the effective date of this section, nor shall it affect construction of a mortgage or other instrument creating an interest in real estate entered into before the effective date of this section. Subsection (a) shall not be construed to affirm the continuing applicability or scope of the assembled industrial plant doctrine before the effective date of this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 11 - General Provisions › Extra - Chapter Notes

Enactment.
Chapter 11 was added April 16, 2008, P.L.57, No.13, effective in 60 days.
Prior Provisions.
Former Chapter 11, which related to short title, construction, application and subject
            matter of title, was added November 1, 1979, P.L.255, No.86, and repealed April 16,
            2008, P.L.57, No.13, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 11 - General Provisions › Section 1103 - Construction of title to promote its purposes and policies; applicability of supplemental principles of law

§ 1103. Construction of title to promote its purposes and
policies; applicability of supplemental principles of
law.
(a) Liberal construction.
--This title must be liberally construed and applied to promote its underlying purposes and policies, which are:
(1) to simplify, clarify and modernize the law governing commercial transactions;
(2) to permit the continued expansion of commercial practices through custom, usage and agreement of the parties; and
(3) to make uniform the law among the various jurisdictions.
(b) Law and equity.
--Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy and other validating or invalidating cause, supplement its provisions.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 11 - General Provisions › Section 1104 - Construction against implied repeal

§ 1104. Construction against implied repeal.
This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 11 - General Provisions › Section 1107 - Section captions

§ 1107. Section captions.
Notwithstanding 1 Pa.C.S. § 1924 (relating to construction of titles, preambles, provisos, exceptions and headings), section captions are part of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 11 - General Provisions › Section 1108 - Relation to Electronic Signatures in Global and National Commerce Act

§ 1108. Relation to Electronic Signatures in Global and
National Commerce Act.
This division modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106- 229, 15 U.S.C. § 7001 et seq.), but does not modify, limit or supersede section 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b)).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 11 - General Provisions › Section 1109 - Construction

§ 1109. Construction.
Nothing in this title shall be construed to modify or supersede the provisions of 42 Pa.C.S. Ch. 69 (relating to particular rights and immunities).
(Oct. 27, 2014, P.L.2896, No.185, eff. 60 days)
2014 Amendment.
Act 185 added section 1109.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 12 - General Definitions and Principles of Interpretation › Extra - Chapter Notes

Enactment.
Chapter 12 was added April 16, 2008, P.L.57, No.13, effective in 60 days.
Prior Provisions.
Former Chapter 12, which related to the same subject matter, was added November 1,
            1979, P.L.255, No.86, and repealed April 16, 2008, P.L.57, No.13, effective in 60
            days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 12 - General Definitions and Principles of Interpretation › Section 1202 - Notice; knowledge

§ 1202. Notice; knowledge.
(a) Notice.--
Subject to subsection (f), a person has notice of a fact if the person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b) Knowledge.--
"Knowledge" means actual knowledge. "Knows" has a corresponding meaning.
(c) Reason to know distinguished.--
"Discover," "learn" or words of similar import refer to knowledge rather than to reason to know.
(d) Notify.--
A person notifies or gives a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(e) Be notified.--
Subject to subsection (f), a person receives a notice or notification when:
(1) it comes to that person's attention; or
(2) it is duly delivered in a form reasonable under the circumstances at:
(i) the place of business through which the contract was made; or
(ii) another location held out by that person as the place for receipt of such communications.
(f) Communication to organizations.--
Notice, knowledge or notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
Cross References.
Section 1202 is referred to in section 4A106 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 12 - General Definitions and Principles of Interpretation › Section 1204 - Value

§ 1204. Value.
Except as otherwise provided in Divisions 3 (relating to negotiable instruments), 4 (relating to bank deposits and collections) and 5 (relating to letters of credit), a person gives value for rights if the person acquires them:
(1) in return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;
(2) as security for or in total or partial satisfaction of a preexisting claim;
(3) by accepting delivery under a preexisting contract for purchase; or
(4) in return for any consideration sufficient to support a simple contract.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 12 - General Definitions and Principles of Interpretation › Section 1205 - Reasonable time; seasonableness

§ 1205. Reasonable time; seasonableness.
(a) Reasonable time.
--Whether a time for taking an action required by this title is reasonable depends on the nature, purpose and circumstances of the action.
(b) Seasonableness.
--An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
Cross References.
Section 1205 is referred to in section 4A204 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 12 - General Definitions and Principles of Interpretation › Section 1206 - Presumptions

§ 1206. Presumptions.
Whenever this title creates a "presumption" with respect to a fact or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
Cross References.
Section 1206 is referred to in section 2201 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 13 - Territorial Applicability and General Rules › Section 1301 - Territorial applicability; parties' power to choose applicable law.

§ 1301. Territorial applicability; parties' power to choose applicable law.
(a) Agreement; reasonable relation requirement.--
Except as otherwise provided in this section, when a transaction bears a reasonable relation to this Commonwealth and also to another state or nation, the parties may agree that the law either of this Commonwealth or of such other state or nation shall govern their rights and duties.
(b) Absence of agreement; approved relation requirement.--
In the absence of an agreement effective under subsection (a), and except as provided in subsection (c), this title applies to transactions bearing an appropriate relation to this Commonwealth.
(c) Mandatory applicability of title.--
If one of the following provisions of this title specifies the applicable law, that provision governs, and a contrary agreement is effective only to the extent permitted by the law so specified:
(1) Section 2402 (relating to rights of creditors of seller against sold goods).
(2) Sections 2A105 (relating to territorial application of division to goods covered by certificate of title) and 2A106 (relating to limitation on power of parties to consumer lease to choose applicable law and judicial forum).
(3) Section 4102 (relating to applicability).
(4) Section 4A507 (relating to choice of law).
(5) Section 5116 (relating to choice of law and forum).
(6) Section 8110 (relating to applicability; choice of law).
(7) Ch. 93 Subch. A (relating to law governing perfection and priority).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 13 - Territorial Applicability and General Rules › Section 1302 - Variation by agreement

§ 1302. Variation by agreement.
(a) General rule.
--Except as otherwise provided in subsection (b) or elsewhere in this title, the effect of provisions of this title may be varied by agreement.
(b) Exceptions.
--The obligations of good faith, diligence, reasonableness and care prescribed by this title may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c) Effect of terminology.
--The presence in certain provisions of this title of the phrase "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
Cross References.
Section 1302 is referred to in sections 2A518, 2A519, 2A527, 2A528, 5103 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 13 - Territorial Applicability and General Rules › Section 1303 - Course of performance, course of dealing and usage of trade

§ 1303. Course of performance, course of dealing and usage of
trade.
(a) Course of performance.
--A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:
(1) the agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and
(2) the other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.
(b) Course of dealing.
--A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
(c) Usage of trade.
--A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as fact. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.
(d) Evidentiary effect.
--A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.
(e) Construction in general.
--Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:
(1) express terms prevail over course of performance, course of dealing and usage of trade;
(2) course of performance prevails over course of dealing and usage of trade; and
(3) course of dealing prevails over usage of trade.
(f) Waiver or modification.
--Subject to section 2209 (relating to modification, rescission and waiver), a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
(g) Evidence.
--Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
Cross References.
Section 1303 is referred to in sections 1201, 2202 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 13 - Territorial Applicability and General Rules › Section 1305 - Remedies to be liberally administered

§ 1305. Remedies to be liberally administered.
(a) Administration.
--The remedies provided by this title must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed, but neither consequential or special damages nor penal damages may be had except as specifically provided in this title or by other rule of law.
(b) Enforceability.
--Any right or obligation declared by this title is enforceable by action unless the provision declaring it specifies a different and limited effect.
Cross References.
Section 1305 is referred to in section 2A501 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 13 - Territorial Applicability and General Rules › Section 1306 - Waiver or renunciation of claim or right after breach

§ 1306. Waiver or renunciation of claim or right after breach.
A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 13 - Territorial Applicability and General Rules › Section 1307 - Prima facie evidence by third-party documents

§ 1307. Prima facie evidence by third-party documents.
A document in due form purporting to be a bill of lading, a policy or certificate of insurance, an official weigher's or inspector's certificate, a consular invoice or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 13 - Territorial Applicability and General Rules › Section 1308 - Performance or acceptance under reservation of rights

§ 1308. Performance or acceptance under reservation of rights.
(a) General rule.
--Except as set forth in subsection (b), a party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. The words "without prejudice," "under protest" and the like are sufficient.
(b) Exception.
--Subsection (a) does not apply to an accord and satisfaction.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 13 - Territorial Applicability and General Rules › Section 1309 - Option to accelerate at will

§ 1309. Option to accelerate at will.
A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure," or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 13 - Territorial Applicability and General Rules › Section 1310 - Subordinated obligations

§ 1310. Subordinated obligations.
An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 21 - Short Title, General Construction and Subject Matter › Section 2101 - Short title of division

§ 2101. Short title of division.
This division shall be known and may be cited as the Uniform Commercial Code, Article 2, Sales.
(July 9, 1992, P.L.507, No.97, eff. one year)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 21 - Short Title, General Construction and Subject Matter › Section 2102 - Scope; certain security and other transactions excluded from division

§ 2102. Scope; certain security and other transactions excluded
from division.
Unless the context otherwise requires, this division 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 division impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 21 - Short Title, General Construction and Subject Matter › Section 2103 - Definitions and index of definitions

§ 2103. Definitions and index of definitions.
(a) Definitions.--
The following words and phrases when used in this division shall have, unless the context clearly indicates otherwise, the meanings given to them in this subsection:
"Buyer."
A person who buys or contracts to buy goods.
"Good faith."
(Deleted by amendment).
"Receipt."
Receipt of goods means taking physical possession of them.
"Seller."
A person who sells or contracts to sell goods.
(b) Index of other definitions in division.--
Other definitions applying to this division or to specified chapters thereof, and the sections in which they appear are:
"Acceptance."
Section 2606.
"Banker's credit."
Section 2325.
"Between merchants."
Section 2104.
"Cancellation."
Section 2106(d).
"Commercial unit."
Section 2105.
"Confirmed credit."
Section 2325.
"Conforming to contract."
Section 2106.
"Contract for sale."
Section 2106.
"Cover."
Section 2712.
"Entrusting."
Section 2403.
"Financing agency."
Section 2104.
"Future goods."
Section 2105.
"Goods."
Section 2105.
"Identification."
Section 2501.
"Installment contract."
Section 2612.
"Letter of credit."
Section 2325.
"Lot."
Section 2105.
"Merchant."
Section 2104.
"Overseas."
Section 2323.
"Person in position of seller."
Section 2707.
"Present sale."
Section 2106.
"Sale."
Section 2106.
"Sale on approval."
Section 2326.
"Sale or return."
Section 2326.
"Termination."
Section 2106.
(c) Index of definitions in other divisions.--
The following definitions in other divisions apply to this division:
"Check."
Section 3104.
"Consignee."
Section 7102.
"Consignor."
Section 7102.
"Consumer goods."
Section 9102.
"Control."
Section 7106.
"Dishonor."
Section 3502.
"Draft."
Section 3104.
(d) Applicability of general definitions and principles.--
In addition, Division 1 (relating to general provisions) contains general definitions and principles of construction and interpretation applicable throughout this division.
(July 9, 1992, P.L.507, No.97, eff. one year; June 8, 2001, P.L.123, No.18, eff. July 1, 2001; Apr. 16, 2008, P.L.57, No.13, eff. 60 days)
2008 Amendment.
Act 13 deleted the def. of "good faith" in subsec. (a) and added the def. of "control" in subsec. (c).
2001 Amendment.
Act 18 amended subsec. (c).
Cross References.
Section 2103 is referred to in sections 2A103, 7102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 21 - Short Title, General Construction and Subject Matter › Section 2104 - Definitions: "merchant"; "between merchants"; "financing agency."

§ 2104. Definitions: "merchant"; "between merchants";
"financing agency."
The following words and phrases when used in this division shall have the meanings given to them in this section:
"Between merchants."
Between merchants means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
"Financing agency."
Any bank, finance company, or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the draft of the seller or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. The term includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (see section 2707).
"Merchant."
A person who:
(1) deals in goods of the kind; or
(2) otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001; Apr. 16, 2008, P.L.57, No.13, eff. 60 days)
2008 Amendment.
Act 13 amended the def. of "financing agency."
Cross References.
Section 2104 is referred to in sections 2103, 2A103, 9102 of this title.