In contracts that involve the sale of both goods and services, once a court decides that such a contract is primarily a goods contract, any dispute, even over the services portion , will be decided under the UCC. T.
Under the Uniform Commercial Code, a person who deals in goods of the kind involved in the sales contract. In contracts that involve the sale of both goods and services, once a court decides that such a contract is primarily a goods contract, any dispute, even over the services portion, will be decided under the UCC.
predominant-factor test. A test courts use to determine whether a contract is primarily for the sale of goods or for the sale of services.
they are held to less demanding standards than merchants. A merchant is a person who deals with goods of the kind __ the sales contract. A merchant is a person who, by occupation, holds himself or herself out as having __ and skill unique to the practices or goods involved in the transaction.
Lessor. one who transfers the right to the possession and use of goods under a lease. Lease agree. in regard to the lease of goods, an agreement in which one person (lessor) agrees to transfer the right to the possession and use of the property to another (lessee) in exchange for rental payments. Lessee.
Requirements Contract. An agreement in which a buyer agrees to purchase and the seller agrees to sell all or up to a stated amount of what the buyer needs or requires. Output Contract. An agreement in which a seller agrees to sell and a buyer agrees to buy all or up to a stated amount of what the seller produces.
Choice-of-law Clause. A clause in a contract designating the law (such as the law of a particular state or nation) that will govern the contract. Force Ma. a provision in a contract stipulating that certain unforeseen events (ex: war) will excuse a party from liability for nonperformance of contractual obligations.