Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a “no arrival, no sale” term (Section 7-2-324) then:

(a) If the loss is total the contract is avoided; and
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Terms Used In Alabama Code 7-2-613

  • Buyer: means a person who buys or contracts to buy goods. See Alabama Code 7-2-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Seller: means a person who sells or contracts to sell goods. See Alabama Code 7-2-103
(b) If the loss is partial or the goods have so deteriorated as no longer to conform to the contract the buyer may nevertheless demand inspection and at his option either treat the contract as avoided or accept the goods with due allowance from the contract price for the deterioration or the deficiency in quantity but without further right against the seller.
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