Title 45, Trade and Commerce

(a) If, during the term of a warranty or within one year after the date of the delivery of the product to the ultimate purchaser, whichever period of time terminates first, the manufacturer or authorized dealer is unable to conform a product to an applicable warranty after a reas…

(a) To claim a refund or replacement under AS 45.27.190, an ultimate purchaser shall give written notice by certified mail to the manufacturer and its authorized dealer before 60 days have elapsed after the termination of whichever of the following periods of time terminates firs…

An ultimate purchaser may not receive a refund for or replacement of a product under AS 45.27.190 — 45.27.220 if the manufacturer shows that the problem or condition because of which the ultimate purchaser is claiming a refund or a replacement (1) is not a nonconformity; or (2) i…

Article 3. Miscellaneous Business Practices. A rebuttable presumption that a reasonable number of attempts have been made to conform a product to an applicable warranty is established if (1) the nonconformity continues to exist even though the same nonconformity has been subject …

(a) An authorized dealer shall post a notice of the authorized dealer's retail labor rate in a place conspicuous to service customers. If the authorized dealer uses a factory-certified or factory-trained technician to perform warranty service work, the notice must also contain a …

(a) Before beginning repair work on a product for a customer, an authorized dealer shall provide to the customer a written estimate listing the specific parts, labor, and cost of the repairs. (b) If additional repairs are determined to be necessary after the service employees beg…

A manufacturer shall include in a written factory recall notice to ultimate purchasers and authorized dealers the date by which the manufacturer expects that necessary parts and equipment will be available to the authorized dealer for the correction of the defect that is the subj…

Article 4. Miscellaneous Provisions. A manufacturer may not resell in the state a product returned under AS 45.27.190 unless the manufacturer fully discloses to the prospective buyer before the resale is concluded the reason why the product was returned.

The provisions of this chapter do not limit other rights and remedies that may be available to the owner of a product under other provisions of law. This section does not create a new cause of action against an authorized dealer who sells or attempts to repair a product found to …

The provisions of this chapter apply to a dealership agreement if the dealership agreement is between a manufacturer and an authorized dealer in this state.

(a) This state has jurisdiction over a legal dispute between a manufacturer located in or outside this state and an authorized dealer located in this state, and the dispute is governed by, interpreted, and adjudicated under the law of this state. (b) Venue for court action involv…

(a) A manufacturer may not use a subsidiary corporation, affiliated corporation, partnership, association, or other person to do what the manufacturer is prohibited from doing under this chapter. (b) The provisions of (a) of this section do not limit the right of a person to enga…

Article 5. General Provisions. If a provision in a dealership agreement violates this chapter, the provision is not enforceable.

In this chapter, unless the context indicates otherwise, (1) “authorized dealer” means a person who has entered into a dealership agreement with a manufacturer; (2) “boat” means a marine product that is not equipped with a motor; (3) “dealership agreement” means an agreement betw…

This chapter may be cited as the Alaska Marine Product and Motorized Recreational Product Act.

This chapter may be cited as Uniform Commercial Code — Secured Transactions.

(a) In this chapter, (1) “accession” means goods that are physically united with other goods in a manner so that the identity of the original goods is not lost; (2) “account,” except as used in “account for,” (A) means a right to payment of a monetary obligation, whether or not e…

(a) In this section, (1) “purchase money collateral” means goods or software that secures a purchase money obligation incurred with respect to that collateral; and (2) “purchase money obligation” means an obligation of an obligor incurred as all or part of the price of the collat…

(a) A secured party has control of a deposit account if (1) the secured party is the bank with which the deposit account is maintained; (2) the debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the sec…

(a) A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned. (b) A system satisfies (a) of this section …

(a) A person has control of a certificated security, uncertificated security, or security entitlement as provided in AS 45.08.106. (b) A secured party has control of a commodity contract if (1) the secured party is the commodity intermediary with which the commodity contract is c…

A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or a nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under AS 45.05.114(c) or otherwise…

(a) Except as otherwise provided in (c) — (e) of this section, a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. (b) Except as otherwise provided in (d) of this section, a description of collate…

(a) Except as otherwise provided in (c) and (d) of this section, this chapter applies to (1) a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; (2) an agricultural lien; (3) a sale of accounts, chattel paper, paym…

Article 2. Security Agreements; Security Interests. A security interest arising under AS 45.02.401, 45.02.505, 45.02.711(c), or AS 45.12.508(e) is subject to this chapter. However, until the debtor obtains possession of the goods, (1) the security interest is enforceable even if …

(a) Except as otherwise provided in the code, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. (b) A transaction subject to this chapter is subject to (1) an applicable rule of law that esta…

Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this chapter with regard to rights and obligations apply whether title to collateral is in the secured party or the debtor.

(a) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral unless an agreement expressly postpones the time of attachment. (b) Except as otherwise provided in (c) — (i) of this section, a security interest is enfor…

(a) Except as otherwise provided in (b) of this section, a security agreement may create or provide for a security interest in after-acquired collateral. (b) A security interest does not attach under a term constituting an after-acquired property clause to (1) consumer goods, oth…

(a) A security interest is not invalid or fraudulent against creditors solely because (1) the debtor has the right or ability to (A) use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods; (B) collect, compromise, enforce, or otherwis…

(a) A security interest in favor of a securities intermediary attaches to a person's security entitlement if (1) the person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities int…

(a) Except as otherwise provided in (d) of this section, a secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary steps to pr…

(a) This section applies to a case in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value. (b) Within 10 days after receiving an authenticated demand by the debtor, a secured party (1…

(a) Except as otherwise provided in (c) of this section, this section applies to a case in which (1) there is no outstanding secured obligation; and (2) the secured party is not committed to make advances, incur obligations, or otherwise give value. (b) Within 10 days after recei…

Article 3. Perfection and Priority. (a) In this section, (1) “request” means a record of a type described in (2), (3), or (4) of this subsection; (2) “request for an accounting” means a record authenticated by a debtor requesting that the recipient provide an accounting of the un…

Except as otherwise provided in AS 45.29.303 — 45.29.306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral: (1) except as otherwise provided in this section, while a debtor…

While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products.

(a) This section applies to goods covered by a certificate of title even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor. (b) Goods become covered by a certificate of title when a valid …

(a) The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank. (b) The following rules determine a bank's jurisdiction for purposes of AS 45.29.301 —…

(a) Except as otherwise provided in (c) of this section, the following rules apply: (1) while a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security inte…

(a) Subject to (c) of this section, the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right if the issuer's jurisdiction or n…

(a) In this section, “place of business” means a place where a debtor conducts its affairs. (b) Except as otherwise provided in this section, the following rules determine a debtor's location: (1) a debtor who is an individual is located at the individual's principal residence; (…

(a) Except as otherwise provided in this section and AS 45.29.309, a security interest is perfected if it has attached and all of the applicable requirements for perfection in AS 45.29.310 — 45.29.316 have been satisfied. A security interest is perfected when it attaches if the a…

The following security interests are perfected when they attach: (1) a purchase money security interest in consumer goods, except as otherwise provided in AS 45.29.311(b) with respect to consumer goods that are subject to a statute or treaty described in AS 45.29.311(a); (2) an a…

(a) Except as otherwise provided in (b) of this section and AS 45.29.312(b), a financing statement must be filed to perfect all security interests and agricultural liens. (b) The filing of a financing statement is not necessary to perfect a security interest (1) that is perfected…

(a) Except as otherwise provided in (d) of this section, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to (1) a statute, regulation, or treaty of the United States whose requirements for a security interest's …