TITLE 14 - ROSEBUD SIOUX COMMERCIAL CODE
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CHAPTER 1 - GENERAL COMMERCIAL PROVISONS
- PART 1 - SHORT TITLE, CONSTRUCTION, APPLICATION AND SUBJECT MATTER OF THIS TITLE
- 14-1-101. SHORT TITLE.
- 14-1-102. PURPOSES; RULES OF CONSTRUCTION; VARIATION BY AGREEMENT.
- 14-1-103. SUPPLEMENTARY GENERAL PRINCIPLES OF LAW APPLICABLE.
- 14-1-104. CONSTRUCTION AGAINST IMPLICIT REPEAL.
- 14-1-105. TERRITORIAL APPLICATION OF THIS TITLE’ PARTIES’ POWER TO CHOOSE APPLICABLE LAW.
- 14-1-106. REMEDIES TO BE LIBERALLY ADMINISTERED.
- 14-1-107. WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER BREACH.
- 14-1-108. SEVERABILITY.
- 14-1-109. SECTION CAPTIONS.
- 14-1-110. APPLICATION TO PRE-EXISTING TRANSACTIONS.
- PART 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION
- 14-1-201. GENERAL DEFINITIONS.
- 14-1-202. PRIMA FACIE EVIDENCE BY THIRD PARTY DOCUMENTS.
- 14-1-203. OBLIGATION OF GOOD FAITH.
- 14-1-204. TIME; REASONABLE TIME; SEASONABLY.
- 14-1-205. COURSE OF DEALING AND USAGE OF TRADE.
- 14-1-206. RESERVED.
- 14-1-207. PERFORMANCE OR ACCEPTANCE UNDER RESERVATION OF RIGHTS.
- 14-1-208. OPTION TO ACCELERATE AT WILL.
- 14-1-209. SUBORDINATED OBLIGATIONS.
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CHAPTER 2 - SALES
- PART 1 - SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER
- 14-2-101. SHORT TITLE.
- 14-2-102. SCOPE; CERTAIN SECURITY AND OTHER TRANSACTIONS EXCLUDED FROM THIS CHAPTER.
- 14-2-103. DEFINITIONS AND INDEX OF DEFINITIONS.
- 14-2-104. DEFINITIONS: MERCHANT; BETWEEN MERCHANTS; FINANCING AGENCY.
- 14-2-105. DEFINITIONS: TRANSFERABILITY; GOODS; FUTURE GOODS; LOT; COMMERCIAL UNIT.
- 14-2-106. DEFINITIONS: CONTRACT; AGREEMENT; CONTRACT FOR SALE; SALE; CONFORMING TO CONTRACT; TERMINATION; CANCELLATION.
- 14-2-107. GOODS TO BE SEVERED FROM REALTY: RECORDING.
- PART 2 - FORM, FORMATION AND READJUSTMENT OF CONTRACT
- 14-2-201. FORMAL REQUIREMENTS; STATUTE OF FRAUDS.
- 14-2-202. FINAL WRITTEN EXPRESSION: PAROL OR EXTRINSIC EVIDENCE.
- 14-2-203. SEALS OF INOPERATIVE.
- 14-2-204. FORMATION IN GENRAL.
- 14-2-205. FIRM OFFERS.
- 14-2-206. OFFER AND ACCEPTANCE IN FORMATION OF CONTRACT.
- 14-2-207. ADDITIONAL TERMS IN ACCEPTANCE OR CONFIRMATION.
- 14-2-208. COURSE OF PERFORMANCE OR PRACTICAL CONSTRUCTION.
- 14-2-209. MODIFICATION, RECISSION AND WAIVER.
- 14-2-210. DELEGATION OF PERFORMANCE; ASSIGNMENT OF RIGHTS.
- PART 3 - GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
- 14-2-301. GENERAL OBLIGATIONS OF PARTIES.
- 14-2-302. UNCONSCIONABLE CONTRACT OR CLAUSE.
- 14-2-303. ALLOCATION OR DIVISION OF RISKS.
- 14-2-304. PRICE PAYABLE IN MONEY, GOODS, REALTY, OR OTHERWISE.
- 14-2-305. OPEN PRICE TERM.
- 14-2-306. OUTPUT, REQUIREMENTS AND EXCLUSIVE DEALINGS.
- 14-2-307. DELIVERY IN SINGLE LOT OR SEVERAL LOTS.
- 14-2-308. ABSENCE OF SPECIFIED PLACE FOR DELIVERY.
- 14-2-309. ABSENCE OF SPECIFIC TIME PROVISIONS; NOTICE OF TERMINATION.
- 14-2-310. OPEN TIME FOR PAYMENT OR RUNNING OF CREDIT; AUTHORITY TO SHIP UNDER RESERVATION.
- 14-2-311. OPTIONS AND COOPERATION RESPECTING PERFORMANCE
- 14-2-312. WARRANTY OF TITLE AND AGAINST INFRINGEMENT; BUYER’S OBLIGATION AGAINST INFRINGEMENT.
- 14-2-313. EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, SAMPLE.
- 14-2-314. IMPLIED WARRANTY: MERCHANTABILITY; USAGE OF TRADE.
- 14-2-315. IMPLIED WARRANTY: FITNESS FOR PARTICULAR PURPOSE.
- 14-2-316. EXCLUSION OR MODIFICATION OF WARRANTIES.
- 14-2-317. CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED.
- 14-2-318. THIRD PARTY BENEFICIARIES OF WARRANTIES EXPRESS OR IMPLIED.
- 14-2-319. F.O.B. AND F.A.S. TERMS.
- 14-2-320. C.I.F AND C. & F. TERMS.
- 14-2-321. C.I.F. OR C. & F.: NET LANDED WEIGHTS; PAYMENTS ON ARRIVAL; WARRANTY OF CONDITION ON ARRIVAL. Under a contract containing a terms C.I.F. or C. & F.
- 14-2-322. DELIVERY EX-SHIP.
- 14-2-323. FORM OF BILL OF LADING REQUIRED IN OVERSEAS SHIPMENT ; OVERSEAS.
- 14-2-324. NO ARRIVAL, NO SALE TERM.
- 14-2-325. LETTER OF CREDIT TERM; CONFIRMED CREDIT.
- 14-2-326. SALE ON APPROVAL AND SALE OR RETURN; CONSIGNMENT SALES AND RIGHTS OF CREDITORS.
- 14-2-327. SPECIAL INCIDENTS OF SALE ON APPROVAL AND SALE OR RETURN.
- 14-2-328. SALE BY AUCTION.
- PART 4 - TITLE, CREDITORS AND GOOD FAITH PURCHASES
- 14-2-401. PASSING OF TITLE; RESERVATION FOR SECURITY; LIMITED APPLICATION OF THIS SECTION.
- 14-2-402. RIGHTS OF SELLER’S CREDITORS AGAINST SOLD GOODS.
- 14-2-403. POWER TO TRANSFER; GOOD FAITH PURCHASE OF GOODS; ENTRUSTING.
- PART 5 - PERFORMANCE.
- 14-2-501. INSURABLE INTEREST IN GOODS; MANNER OF IDENTIFICATION OF GOODS.
- 14-2-502. BUYER’S RIGHTS TO GOODS ON SELLER’S INSOLVENCY.
- 14-2-503. MANNER OF SELLER’S TENDER OF DELIVERY.
- 14-2-504. SHIPMENT BY SELLER.
- 14-2-505. SELLER’S SHIPMENT UNDER RESERVATION.
- 14-2-506. RIGHTS OF FINANCING AGENCY.
- 14-2-507. EFFECT OF SELLER’S TENDER; DELIVERY ON CONDITION.
- 14-2-508. CURE BY SELLER OF IMPROPER TENDER OR DELIVERY; REPLACEMENT.
- 14-2-509. RISK OF LOSS IN ABSENCE OF BREACH.
- 14-2-510. EFFECT OF BREACH ON RISK OF LOSS.
- 14-2-511. TENDER OF PAYMENT BY BUYER; PAYMENT BY CHECK.
- 14-2-512. PAYMENT BY BUYER BEFORE INSPECTION
- 14-2-513. BUYER’S RIGHT TO INSPECTION OF GOODS.
- 14-2-514. WHEN DOCUMENTS DELIVERABLE ON ACCEPTANCE; WHEN ON PAYMENT.
- 14-2-515. PRESERVING EVIDENCE OF GOODS IN DISPUTE.
- PART 6 - BREACH, REPUDIATION AND EXCUSE
- 14-2-601. BUYER’S RIGHTS ON IMPROPER DELIVERY.
- 14-2-602. MANNER AND EFFECT OF RIGHTFUL REJECTION.
- 14-2-603. MERCHANT BUYER’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
- 14-2-604. BUYER’S OPTIONS AS TO SALVAGE OF RIGHTFULLY REJECTED GOODS.
- 14-2-605. WAIVER OF BUYER’S OBJECTIONS BY FAILURE TO PARTICULARIZE.
- 14-2-606. WHAT CONSTITUTES ACCEPTANCE OF GOODS.
- 14-2-607. EFFECT OF ACCEPTANCE; NOTICE OF BREACH; BURDENT OF ESTABLISHING BREACH AFTER ACCEPTANCE; NOTICE OF CLAIM OR LITIGATION TO PERSON ANSWERABLE OVER.
- 14-2-608. REVOCATION OF ACCEPTANCE IN WHOLE OR IN PART.
- 14-2-609. RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE.
- 14-2-610. ANTICIPATORY REPUDIATION.
- 14-2-611. RETRACTION OF ANTICIPATORY REPUDIATION.
- 14-2-612. INSTALLMENT CONTRACT; BREACH.
- 14-2-613. CASUALTY TO IDENTIFIED GOODS.
- 14-2-614. SUBSTITUTED PERFORMANCE.
- 14-2-615. EXUSE BY FAILURE OF PRESUPPOSED CONDITIONS.
- 14-2-616. PROCEDURE ON NOTICE CLAMING EXCUSE.
- PART 7 - REMEDIES
- 14-2-701. REMEDIES FOR BREACH OF COLLATERAL CONTRACTS NOT IMPAIRED.
- 14-2-702. SELLER’S REMEDIES ON DISCOVERY OF BUYER’S INSOLVENCY.
- 14-2-703. SELLER’S REMEDIES IN GENERAL.
- 14-2-704. SELLER’S RIGHT TO IDENTIFY GOODS TO THE CONTRACT NOTWITHSTANDING BREACH OR TO SALVAGE UNFINISHED GOODS.
- 14-2-705. SELLER’S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.
- 14-2-706. SELLER’S RESALE INCLUDING CONTRACT FOR RESALE.
- 14-2-707. PERSON IN THE POSITION OF A SELLER.
- 14-2-708. SELLER’S DAMAGES FOR NON-ACCEPTANCE OR REPUDIATION.
- 14-2-709. ACTION FOR THE PRICE.
- 14-2-710. SELLER’S INCIDENTAL DAMAGES.
- 14-2-711. BUYER’S REMEDIES IN GENERAL’ BUYER’S SECURITY INTEREST IN REJECTED GOODS.
- 14-2-712. COVER; BUYER’S PROCUREMENT OF SUBSTITUTE GOODS.
- 14-2-713. BUYER’S DAMAGES FOR NON-DELIVERY OR REPUDIATION.
- 14-2-714. BUYER’S DAMAGES FOR BREACH IN REGARD TO ACCEPTED GOODS.
- 14-2-715. BUYER’S INCIDENTAL AND CONSEQUENTIAL DAMAGES.
- 14-2-716. BUYER’S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN.
- 14-2-717. DEDUCTION OF DAMAGES FROM THE PRICE.
- 14-2-718. LIQUIDATION OR LIMITATION OF DAMAGES; DEPOSITS.
- 14-2-719. Liquidation or limitation of damages; deposits
- 14-2-720. EFFECT OF CANCELLATION OR RESCISSION ON CLAIMS FOR ANTECEDENT BREACH.
- 14-2-721. REMEDIES FOR FRAUD.
- 14-2-722. WHO CAN SUE THIRD PARTIES FOR INJURY TO GOODS.
- 14-2-723. PROOF OF MARKET PRICE: TIME AND PLACE.
- 14-2-724. ADMISSIBILITY OF MARKET QUOTATIONS.
- 14-2-725. STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE.
- CHAPTERS 3 THROUGH 8 [RESERVED]
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CHAPTER 9 - SECURED TRANSACTION
- PART 1 - SHORT TITLE, APPLICABILITY AND DEFINITIONS
- 14-9-101. SHORT TITLE.
- 14-9-102. POLICY AND SCOPE OF CHATER.
- 14-9-103. PERFECTION OF SECURITY INTERESTS IN TRANSACTIONS INVOLVING MORE THAN ONE JURISDICTION.
- 14-9-104. TRANSACTIONS EXLUDED FROM CHAPTER.
- 14-9-105. DEFINITIONS AND INDEX OF DEFINITIONS.
- 14-9-106. DEFINITIONS: ACCOUNT; GENERAL INTANGIBLES.
- 14-9-107. DEFINITIONS: PURCHASE MONEY SECURITY INTEREST.
- 14-9-108. WHEN AFTER-ACQUIRED COLLATERAL IS NOT SECURITY FOR AN ANTECEDENT DEBT.
- 14-9-109. CLASSIFICATION OF GOODS: CONSUMER GOODS; EQUIPMENT; FARM PRODUCTS; INVENTORY.
- 14-9-110. SUFFICIENCY OF DESCRIPTION.
- 14-9-111. APPLICABILITY OF BULK TRANSFERS LAWS.
- 14-9-112. WHERE COLLATERAL IS NOT OWNED BY THE DEBTOR.
- 14-9-113. SECURITY INTERESTS ARISING UNDER CHAPTER ON SALES.
- 14-9-114. CONSIGNMENT.
- PART 2 - VALIDITY OF SECURITY AGREEMENT AND RIGHTS OF PARTIES THERETO
- 14-9-201. GENERAL VALIDITY OF SECURITY AGREEMENTS.
- 14-9-202. TITLE TO COLLATERAL IMMATERIAL.
- 14-9-203. ENFORCEABILITY OF SECURITY INTERESTS; PROCEEDS; FORMAL REQUISITES.
- 14-9-204. AFTER-ACQUIRED PROPERTY; FUTURE ADVANCES.
- 14-9-205. USE OR DISPOSITION OF COLLATERAL WITHOUT ACCOUNTING IS PERMISSIBLE.
- 14-9-206. AGREEMENT NOT TO ASSERT DEFENSES AGAINST AN ASSIGNEE; MODIFICATION OF SALES WARRANTIES WHERE A SECURITY AGREEMENT EXISTS.
- 14-9-207. RIGHTS AND DUTIES WHEN COLLATERAL IS IN THE SECURED PARTY’S POSSESSION.
- 14-9-208. REQUEST FOR STATEMENT OF ACCOUNT OR LIST OF COLLATERAL.
- PART 3 - RIGHTS OF THIRD PARTIES; PERFECTED AND UNPERFECTED SECURITY INTERESTS; RULES OF PRIORITY
- 14-9-301. PERSONS WHO TAKE PRIORITY OVER UNPERFECTED SECURITY INTERESTS; RIGHTS OF THE LIEN CREDITOR.
- 14-9-302. WHEN FILING IS REQUIRED TO PERFECT A SECURITY INTEREST; SECURITY INTERESTS TO WHICH THE FILING PROVISIONS OF THIS CHAPTER DO NOT APPLY.
- 14-9-303. WHEN A SECURITY INTEREST IS PERFECTED; CONTINUITY OF PERFECTION.
- 14-9-304. PERFECTION OF SECURITY INTEREST IN INSTRUMENTS, DOCUMENTS, AND GOODS COVERED BY DOCUMENTS; PERFECTION BY PERMISSIVE FILING; TEMPORARY PERFECTION WITHOUT FILING OF TRANSFER OF POSSESSION.
- 14-9-305. WHEN POSSESSION BY SECURED PARTY PERFECTS SECURITY INTEREST WITHOUT FILING.
- 14-9-306. PROCEEDS; THE SECURED PARTY’S RIGHTS ON DISPOSITION OF COLLATERAL.
- 14-9-307. PROTECTION OF BUYERS OF GOODS.
- 14-9-308. PURCHASE OF CHATTEL PAPER AND INSTRUMENTS.
- 14-9-309. PROTECTION OF PURCHASER OF INSTRUMENTS, DOCUMENTS, AND SECURITIES.
- 14-9-310. PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW.
- 14-9-311. ALIENABILITY OF DEBTOR’S RIGHTS: JUDICIAL PROCESS.
- 14-9-312. PRIORITIES AMONG CONFLICTING SECURITY INTERESTS IN THE SAME COLLATERAL.
- 14-9-313. PRIORITY OF SECURED INTERESTS IN FIXTURES.
- 14-9-314. ACCESSIONS.
- 14-9-315. PRIORITY WHEN GOODS ARE COMMINGLED OR PROCESSED.
- 14-9-316. PRIORITY SUBJECT TO SUBORDINATION.
- 14-9-317. SECURED PARTY NOT OBLIGATED ON CONTRACT OF DEBTOR.
- 14-9-318. DEFENSES AGAINST AN ASSIGNEE; MODIFICATION OF A CONTRACT AFTER NOTIFICATION OF ASSIGNMENT; TERM PROHIBITING ASSIGNMENT INEFFECTIVE; IDENTIFICATION AND PROOF OF ASSIGNMENT.
- PART 4 - FILING
- 14-9-401. FILING REQUIREMENTS.
- 14-9-402. PLACE OF FILING FOR FIXTURES ON TRUST OR RESTRICTED LAND.
- PART 5 - DEFAULT
- 14-9-501. DEFAULT; PROCEDURE WHEN SECURITY AGREEMENT COVERS BOTH REAL AND PERSONAL PROPERTY.
- 14-9-502. COLLECTION RIGHTS OF SECURED PARTY.
- 14-9-503. REPOSSESSION OF PERSONAL PROPERTY.
- 14-9-504. SECURED PARTY’S RIGHT TO DISPOSE OF COLLATERAL AFTER DEFAULT; EFFECT OF DISPOSITION.
- 14-9-505. COMPULSORY DISPOSITION OF COLLATERAL; ACCEPTANCE OF THE COLLATERAL AS A DISCHARGE OF OBLIGATION.
- 14-9-506. DEBTOR’S RIGHT TO REDEEM COLLATERAL.
- 14-9-507. SECURED PARTY’S LIABILITY FOR FAILURE TO COMPLY WITH THIS PART.
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