Title 45 — Trade and Commerce
49 chapters · 1,288 sections in this title.
AS 45.27.150 Basis for reimbursements.
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(a) A manufacturer shall use the criteria established in this section to reimburse an authorized dealer for all approved warranty service work performed by the authorized dealer. (b) If the technician performing the warranty service work meets the certification standards in the d…
AS 45.27.160 Timely reimbursement for claims.
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A manufacturer shall pay a properly submitted warranty claim of an authorized dealer within 30 days after receiving the claim from an authorized dealer. Unless a manufacturer issues a written notice of disapproval under AS 45.27.170 within the 30 days, if a manufacturer fails to …
AS 45.27.170 Warranty claim disapproval.
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If a manufacturer does not approve a claim submitted under AS 45.27.160, the manufacturer shall issue a written notice of disapproval to the authorized dealer within 30 days after the manufacturer receives the claim. The notice must contain the specific reasons for the disapprova…
AS 45.27.180 Repairs required.
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If a product does not conform to a warranty that is applicable to it and the ultimate purchaser of the product reports the nonconformity to the manufacturer of the product or to the manufacturer's authorized dealer during the term of the warranty, the manufacturer or authorized d…
AS 45.27.190 Replacement or refund.
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(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…
AS 45.27.200 Notice by ultimate purchaser.
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[Repealed or reserved.]
AS 45.27.210 Exceptions.
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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…
AS 45.27.220 Presumption.
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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 …
AS 45.27.250 Required posting.
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(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 …
AS 45.27.260 Written estimates for repairs not covered by warranty.
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(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…
AS 45.27.270 Content of factory recall notices.
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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…
AS 45.27.280 Resale without disclosure prohibited.
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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.
AS 45.27.300 Other rights and remedies.
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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 …
AS 45.27.310 Applicability.
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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.
AS 45.27.320 Jurisdiction; venue.
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(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…
AS 45.27.330 Corporate affiliates.
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(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…
AS 45.27.340 Unenforceable provisions.
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Article 5. General Provisions. If a provision in a dealership agreement violates this chapter, the provision is not enforceable.
AS 45.27.390 Definitions.
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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…
AS 45.27.395 Short title.
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This chapter may be cited as the Alaska Marine Product and Motorized Recreational Product Act.
AS 45.29.101 Short title.
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This chapter may be cited as Uniform Commercial Code — Secured Transactions.
AS 45.29.102 Definitions.
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(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…
AS 45.29.103 Purchase money security interest; application of payments; burden of establishing.
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(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…
AS 45.29.104 Control of deposit account.
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(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…
AS 45.29.105 Control of electronic chattel paper.
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(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 …
AS 45.29.106 Control of investment property.
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(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…
AS 45.29.107 Control of letter-of-credit right.
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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…
AS 45.29.108 Sufficiency of description.
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(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…
AS 45.29.109 Scope.
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(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…
AS 45.29.110 Security interests arising under AS 45.02 or AS 45.12.
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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 …
AS 45.29.201 General effectiveness of security agreement.
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(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…
AS 45.29.202 Title to collateral immaterial.
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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.
AS 45.29.203 Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
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(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…
AS 45.29.204 After-acquired property; future advances.
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(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…
AS 45.29.205 Use or disposition of collateral permissible.
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(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…
AS 45.29.206 Security interest arising in purchase or delivery of financial asset.
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(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…
AS 45.29.207 Rights and duties of secured party having possession or control of collateral.
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(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…
AS 45.29.208 Additional duties of secured party having control of collateral.
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(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…
AS 45.29.209 Duties of secured party if account debtor has been notified of assignment.
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(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…
AS 45.29.210 Request for accounting; request regarding list of collateral or statement of account.
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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…
AS 45.29.301 Law governing perfection and priority of security interests.
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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…
AS 45.29.302 Law governing perfection and priority of agricultural liens.
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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.
AS 45.29.303 Law governing perfection and priority of security interests in goods covered by a certificate of title.
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(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 …
AS 45.29.304 Law governing perfection and priority of security interests in deposit accounts.
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(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 —…
AS 45.29.305 Law governing perfection and priority of security interests in investment property.
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(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…
AS 45.29.306 Law governing perfection and priority of security interests in letter-of-credit rights.
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(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…
AS 45.29.307 Location of debtor.
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(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; (…
AS 45.29.308 When security interest or agricultural lien is perfected; continuity of perfection.
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(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…
AS 45.29.309 Security interest perfected upon attachment.
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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…
AS 45.29.310 When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
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(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…
AS 45.29.311 Perfection of security interests in property subject to certain statutes, regulations, and treaties.
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(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 …