Chapter 72 Sales

General Provisions

§ 72.1010		Short title
§ 72.1020		Scope
§ 72.1030		Definitions and index of definitions
§ 72.1040		Definitions: “merchant”
§ 72.1050		Definitions: “goods”
§ 72.1060		Definitions: “contract”

§ 72.1070

Goods to be severed from realty

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Form, Formation and Readjustment of Contract

§ 72.2010		Formal requirements: statute of frauds
§ 72.2020		Final written expression: parol or extrinsic evidence
§ 72.2030		Seals inoperative
§ 72.2040		Formation in general
§ 72.2050		Firm offers
§ 72.2060		Offer and acceptance in formation of contract

§ 72.2070		Additional terms in acceptance or confirmation
§ 72.2090		Modification, rescission and waiver
§ 72.2100		Delegation of performance

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General Obligation and Construction of Contract

§ 72.3160		Exclusion or modification of warranties
§ 72.3170		Cumulation and conflict of warranties express or implied
§ 72.3010		General obligations of parties
§ 72.3020		Unconscionable contract or clause
§ 72.3030		Allocation or division of risks
§ 72.3040		Price payable in money, goods, realty or otherwise

§ 72.3180		Third party beneficiaries of warranties express or implied
§ 72.3050		Open price term
§ 72.3060		Output, requirements and exclusive dealings
§ 72.3070		Delivery in single lot or several lots
§ 72.3080		Absence of specified place for delivery
§ 72.3090		Absence of specific time provisions
§ 72.3100		Open time for payment or running of credit
§ 72.3110		Options and cooperation respecting performance
§ 72.3120		Warranty of title and against infringement
§ 72.3130		Express warranties by affirmation, promise, description, sample
§ 72.3140		Implied warranty: merchantability
§ 72.3150		Implied warranty: fitness for particular purpose
§ 72.3190		F.O.B. and F.A.S. terms
§ 72.3200		C.I.F. and C. and F. terms
§ 72.3210		C.I.F. or C. and F.: “net landed weights”
§ 72.3220		Delivery “ex-ship”
§ 72.3280		Sale by auction
§ 72.3230		Form of bill of lading required in overseas shipment
§ 72.3240		“No arrival, no sale” term
§ 72.3250		“Letter of credit” term
§ 72.3260		Sale on approval and sale or return
§ 72.3270		Special incidents of sale on approval and sale or return

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Title, Creditors and Good Faith Purchasers

§ 72.4010		Passing of title
§ 72.4005		Definitions for ORS 72.4010 and 72.4030
§ 72.4020		Rights of seller’s creditors against sold goods
§ 72.4030		Power to transfer

Performance

§ 72.5010		Insurable interest in goods
§ 72.5020		Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency
§ 72.5030		Manner of seller’s tender of delivery
§ 72.5040		Shipment by seller
§ 72.5050		Seller’s shipment under reservation
§ 72.5060		Rights of financing agency

§ 72.5070		Effect of seller’s tender
§ 72.5080		Cure by seller of improper tender or delivery
§ 72.5090		Risk of loss in the absence of breach
§ 72.5100		Effect of breach on risk of loss
§ 72.5110		Tender of payment by buyer
§ 72.5120		Payment by buyer before inspection
§ 72.5130		Buyer’s right to inspection of goods
§ 72.5140		When documents deliverable on acceptance
§ 72.5150		Preserving evidence of goods in dispute

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Breach, Repudiation and Excuse

§ 72.6010		Buyer’s rights on improper delivery
§ 72.6020		Manner and effect of rightful rejection
§ 72.6030		Merchant buyer’s duties as to rightfully rejected goods
§ 72.6040		Buyer’s options as to salvage of rightfully rejected goods
§ 72.6050		Waiver of buyer’s objections by failure to particularize
§ 72.6060		What constitutes acceptance of goods

§ 72.6070		Effect of acceptance
§ 72.6080		Revocation of acceptance in whole or in part
§ 72.6090		Right to adequate assurance of performance
§ 72.6100		Anticipatory repudiation
§ 72.6110		Retraction of anticipatory repudiation
§ 72.6120		“Installment contract”
§ 72.6130		Casualty to identified goods
§ 72.6140		Substituted performance
§ 72.6150		Excuse by failure of presupposed conditions
§ 72.6160		Procedure on notice claiming excuse

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Remedies

§ 72.7080		Seller’s damages for nonacceptance or repudiation
§ 72.7190		Contractual modification or limitation of remedy
§ 72.7010		Remedies for breach of collateral contracts not impaired
§ 72.7020		Seller’s remedies on discovery of buyer’s insolvency
§ 72.7030		Seller’s remedies in general
§ 72.7040		Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods

§ 72.7050		Seller’s stoppage of delivery in transit or otherwise
§ 72.7060		Seller’s resale including contract for resale
§ 72.7070		“Person in the position of a seller”
§ 72.7090		Action for the price
§ 72.7100		Seller’s incidental damages
§ 72.7110		Buyer’s remedies in general
§ 72.7120		“Cover”
§ 72.7130		Buyer’s damages for nondelivery or repudiation
§ 72.7200		Effect of “cancellation” or “rescission” on claims for antecedent breach
§ 72.7210		Remedies for fraud
§ 72.7140		Buyer’s damages for breach in regard to accepted goods
§ 72.7150		Buyer’s incidental and consequential damages
§ 72.7160		Buyer’s right to specific performance or replevin
§ 72.7170		Deduction of damages from the price
§ 72.7180		Liquidation or limitation of damages
§ 72.7220		Who can sue third parties for injury to goods
§ 72.7230		Proof of market price: time and place
§ 72.7240		Admissibility of market quotations
§ 72.7250		Statute of limitations in contracts for sale

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Sale of Consumer Goods

§ 72.8200		Operative dates
§ 72.8030		Manufacturer’s implied warranty of fitness
§ 72.8040		Retailer’s or distributor’s implied warranty of fitness
§ 72.8170		Authority of manufacturer who makes express warranty to suggest methods of effectuating service and repair
§ 72.8010		Definitions for ORS 72.8010 to 72.8200
§ 72.8020		Manufacturer’s implied warranty of merchantability

§ 72.8180		Buyer’s waiver of ORS 72.8010 to 72.8200
§ 72.8050		Disclaimer of implied warranty of merchantability or implied warranty of fitness
§ 72.8060		Express warranty
§ 72.8070		Right to make express warranty
§ 72.8090		Form of express warranty
§ 72.8190		Status of remedies under ORS 72.8010 to 72.8200
§ 72.8100		Manufacturer’s service and repair
§ 72.8110		Retailer’s service and repair of nonconforming good in absence of manufacturer’s service and repair facilities within state
§ 72.8120		Time for commencement of service and repair
§ 72.8130		Liability to retailer of manufacturer not maintaining service and repair facility within state
§ 72.8140		Unauthorized or unreasonable use after sale
§ 72.8150		Service contract in addition to or in lieu of express warranty
§ 72.8160		Express warranty in addition to implied warranties

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