(a) Subject to (b) of this section there is in a contract for sale a warranty by the seller that

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Terms Used In Alaska Statutes 45.02.312

  • buyer: means a person who buys or contracts to buy goods. See Alaska Statutes 45.02.103
  • Contract: A legal written agreement that becomes binding when signed.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • seller: means a person who sells or contracts to sell goods. See Alaska Statutes 45.02.103
(1) the title conveyed shall be good, and its transfer rightful; and
(2) the goods shall be delivered free from a security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.
(b) A warranty under (a) of this section will be excluded or modified only by specific language or by circumstances that give the buyer reason to know that the person selling does not claim title in the seller or that the person is purporting to sell only such right or title as the person selling 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 a 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 that arises out of compliance with the specifications.
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