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Ohio Statutes, Title 13

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Ohio/Statutes

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Title 13, Title 13. Commercial Transactions

39 chapters · 1,479 sections in this title.

All chapters in Title 131,479 Ch 1309, Chapter 1309 | Secured Transactions143 Ch 1321, Chapter 1321 | Various Loans109 Ch 1302, Chapter 1302 | Sales97 Ch 1310, Chapter 1310 | Leases78 Ch 1311, Chapter 1311 | Liens77 Ch 1304, Chapter 1304 | Bank Deposits And Col…74 Ch 1345, Chapter 1345 | Consumer Sales Practices69 Ch 1333, Chapter 1333 | Trade Practices67 Ch 1303, Chapter 1303 | Commercial Paper66 Ch 1337, Chapter 1337 | Power Of Attorney62 Ch 1349, Chapter 1349 | Consumer Protection61 Ch 1313, Chapter 1313 | Voluntary Assignments56 Ch 1308, Chapter 1308 | Investment Securities49 Ch 1329, Chapter 1329 | Labels And Marks45

1,479 sections·Filtered byTitle 13✕

Ohio Rev. Code Ann. § 1302.26 Express warranties by affirmation, promise, description, sample - UCC 2-313
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(A) Express warranties by the seller are created as follows:(1) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation o…
Ohio Rev. Code Ann. § 1302.27 Implied warranty - merchantability - usage of trade - UCC 2-314
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(A) Unless excluded or modified as provided in section 1302.29 of the Revised Code, a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of …
Ohio Rev. Code Ann. § 1302.28 Implied warranty - fitness for particular purpose - UCC 2-315
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Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under section 1302.29 o…
Ohio Rev. Code Ann. § 1302.29 Exclusion or modification of warranties - UCC 2-316

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(A) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of section 1302.05 of the Revised Code on parol or ext…

Ohio Rev. Code Ann. § 1302.30 Cumulation and conflict of warranties express or implied - UCC 2-317

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Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:(A)…

Ohio Rev. Code Ann. § 1302.31 Third party beneficiaries of warranties express or implied - UCC 2-318

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A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by b…

Ohio Rev. Code Ann. § 1302.32 F.O.B. and F.A.S. terms - UCC 2-319

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(A) Unless otherwise agreed the term F.O.B. (which means "free on board") at a named place, even though used only in connection with the stated price, is a delivery term under which:(1) when the term is F.O.B. the place of shipment, the seller must at that place ship the goods in…

Ohio Rev. Code Ann. § 1302.33 C.I.F. and C. and F. terms - UCC 2-320

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(A) The term C.I.F. means the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term C. & F. or C.F. means that the price so includes cost and freight to the named destination.(B) Unless otherwise agreed and even though…

Ohio Rev. Code Ann. § 1302.34 C.I.F. or C. and F. - net landed weights - payment on arrival - warranty of condition on arrival - UCC 2-321

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Under a contract containing a term C.I.F. or C. & F.:(A) Where the price is based on or is to be adjusted according to "net landed weights ", "delivered weights ", "out turn" quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. T…

Ohio Rev. Code Ann. § 1302.35 Delivery ex-ship - UCC 2-322

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(A) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of t…

Ohio Rev. Code Ann. § 1302.36 Form of bill of lading required in overseas shipment - overseas defined - UCC 2-323

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(A) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading stating that the goods have been loaded on board or, in the case of a term C.I.F. or C.&F., rec…

Ohio Rev. Code Ann. § 1302.37 No arrival, no sale term - UCC 2-324

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Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed:(A) the seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the …

Ohio Rev. Code Ann. § 1302.38 Letter of credit - confirmed credit - UCC 2-325

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(A) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.(B) The delivery to seller of a proper letter of credit suspends the buyer's obligation to pay. If the letter of credit is dishonored, the seller may on seasonable notif…

Ohio Rev. Code Ann. § 1302.39 Sale on approval and sale or return - rights of creditors - UCC 2-326

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(A) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:(1) a "sale on approval" if the goods are delivered primarily for use, and(2) a "sale or return" if the goods are delivered primarily for resa…

Ohio Rev. Code Ann. § 1302.40 Special incidents of sale on approval and sale or return - UCC 2-327

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(A) Under a sale on approval unless otherwise agreed:(1) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and(2) use of the goods consistent with the purpose of trial is not acceptance but failure seasonab…

Ohio Rev. Code Ann. § 1302.41 Sale by auction - UCC 2-328

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(A) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.(B) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance…

Ohio Rev. Code Ann. § 1302.42 Passing of title - reservation for security - limited application of this section - UCC 2-401

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Each provision of sections 1302.01 to 1302.98 of the Revised Code with regard to the rights, obligations, and remedies of the seller, the buyer, purchasers, or other third parties applies irrespective of title to the goods except where the provision refers to that title. Insofar …

Ohio Rev. Code Ann. § 1302.43 Rights of seller's creditors against sold goods - UCC 2-402

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(A) Except as provided in divisions (B) and (C) of this section, rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer's rights to recover the goods pursuant to sections 1302.46 and 1302.90 of …

Ohio Rev. Code Ann. § 1302.44 Power to transfer - good faith purchase of goods - entrusting defined - UCC 2-403

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(A) A purchaser of goods acquires all title which the transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good fait…

Ohio Rev. Code Ann. § 1302.45 Insurable interest in goods - manner of identification of goods - UCC 2-501

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(A) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are non conforming and he has an option to return or reject them. Such identification can be m…

Ohio Rev. Code Ann. § 1302.46 Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency - UCC 2-502

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(A) Subject to divisions (B) and (C) of this section and even though the goods have not been shipped, a buyer who has paid a part or all of the price of goods in which the buyer has a special property under section 1302.45 of the Revised Code, may on making and keeping good a ten…

Ohio Rev. Code Ann. § 1302.47 Manner of seller's tender of delivery - UCC 2-503

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(A) Tender of delivery requires that the seller put and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably necessary to enable the buyer to take delivery. The manner, time, and place for tender are determined by the agreement and secti…

Ohio Rev. Code Ann. § 1302.48 Shipment by seller - UCC 2-504

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Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must:(A) put the goods in the possession of such a carrier and make such a contract for the…

Ohio Rev. Code Ann. § 1302.49 Seller's shipment under reservation - UCC 2-505

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(A) Where the seller has identified goods to the contract by or before shipment: (1) the seller's procurement of a negotiable bill of lading to the seller's own order or otherwise reserves in the seller a security interest in the goods. The seller's procurement of the bill to the…

Ohio Rev. Code Ann. § 1302.50 Rights of financing agency - UCC 2-506

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(A) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods i…

Ohio Rev. Code Ann. § 1302.51 Effect of seller's tender - delivery on condition - UCC 2-507

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(A) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract.(B) Where payment is due and demanded on the del…

Ohio Rev. Code Ann. § 1302.52 Cure by seller of improper tender or delivery - replacement - UCC 2-508

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(A) Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery. (B) Where the …

Ohio Rev. Code Ann. § 1302.53 Risk of loss in absence of breach - UCC 2-509

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(A) Where the contract requires or authorizes the seller to ship the goods by carrier: (1) if it does not require the seller to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment…

Ohio Rev. Code Ann. § 1302.54 Effect of breach on risk of loss - UCC 2-510

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(A) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance.(B) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effect…

Ohio Rev. Code Ann. § 1302.55 Tender of payment by buyer - payment by check - UCC 2-511

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(A) Unless otherwise agreed, tender of payment is a condition to the seller's duty to tender and complete any delivery.(B) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal…

Ohio Rev. Code Ann. § 1302.56 Payment by buyer before inspection - UCC 2-512

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(A) Where the contract requires payment before inspection, nonconformity of the goods does not excuse the buyer from so making payment unless:(1) The nonconformity appears without inspection; or(2) Despite tender of the required documents the circumstances would justify injunctio…

Ohio Rev. Code Ann. § 1302.57 Buyer's right to inspection of goods - UCC 2-513

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(A) Unless otherwise agreed and subject to division (C) of this section, where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner.…

Ohio Rev. Code Ann. § 1302.58 When documents deliverable on acceptance - when on payment - UCC 2-514

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Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment.

Ohio Rev. Code Ann. § 1302.59 Preserving evidence of goods in dispute - UCC 2-515

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In furtherance of the adjustment of any claim or dispute:(A) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test, and sample the goods including such of them as may be in the pos…

Ohio Rev. Code Ann. § 1302.60 Buyer's rights on improper delivery - UCC 2-601

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Subject to the provisions of section 1302.70 of the Revised Code, and unless otherwise agreed under sections 1302.92 and 1302.93 of the Revised Code, if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may:(A) reject the whole; or(B) a…

Ohio Rev. Code Ann. § 1302.61 Manner and effect of rightful rejection - UCC 2-602

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(A) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.(B) Subject to the provisions of section 1302.62 of the Revised Code:(1) after rejection any exercise of ownership by the buye…

Ohio Rev. Code Ann. § 1302.62 Merchant buyer's duties as to rightfully rejected goods - salvage - UCC 2-603, 2-604

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(A) Subject to any security interest in the buyer as provided in division (C) of section 1302.85 of the Revised Code, when the seller has no agent or place of business at the market of rejection, a merchant buyer is under a duty after rejection of goods in his possession or contr…

Ohio Rev. Code Ann. § 1302.63 Waiver of buyer's objections by failure to particularize - UCC 2-605

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(A) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes the buyer from relying on the unstated defect to justify rejection or to establish breach: (1) where the seller could have cured it if state…

Ohio Rev. Code Ann. § 1302.64 What constitutes acceptance of goods - UCC 2-606

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(A) Acceptance of goods occurs when the buyer:(1) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their non-conformity; or(2) fails to make an effective rejection as provided…

Ohio Rev. Code Ann. § 1302.65 Effect of acceptance - notice of breach - burden of establishing breach after acceptance - notice of claim or litigation to person answerable over - UCC 2-607

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(A) The buyer must pay at the contract rate for any goods accepted.(B) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption …

Ohio Rev. Code Ann. § 1302.66 Revocation of acceptance in whole or in part - UCC 2-608

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(A) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it:(1) on the reasonable assumption that its non-conformity would be cured and it has not been seasonably cured; or(2) without discov…

Ohio Rev. Code Ann. § 1302.67 Right to adequate assurance of performance - UCC 2-609

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(A) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assur…

Ohio Rev. Code Ann. § 1302.68 Anticipatory repudiation - UCC 2-610

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When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may:(A) for a commercially reasonable time await performance by the repudiating party; or(B)…

Ohio Rev. Code Ann. § 1302.69 Retraction of anticipatory repudiation - UCC 2-611

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(A) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.(B) Retraction may be by any m…

Ohio Rev. Code Ann. § 1302.70 Installment contract defined - breach - UCC 2-612

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(A) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.(B) The buyer may reject any installment which i…

Ohio Rev. Code Ann. § 1302.71 Casualty to identified goods - UCC 2-613

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Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a "no arrival, no sale" term pursuant to section 1302.37 …

Ohio Rev. Code Ann. § 1302.72 Substituted performance - UCC 2-614

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(A) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available,…

Ohio Rev. Code Ann. § 1302.73 Excuse by failure of presupposed conditions - UCC 2-615

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Except so far as a seller may have assumed a greater obligation and subject to section 1302.72 of the Revised Code on substituted performance:(A) Delay in delivery or non-delivery in whole or in part by a seller who complies with divisions (B) and (C) of this section is not a bre…

Ohio Rev. Code Ann. § 1302.74 Procedure on notice claiming excuse - UCC 2-616

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(A) Where the buyer receives notification of a material or indefinite delay or an allocation justified under section 1302.73 of the Revised Code, he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs …

Ohio Rev. Code Ann. § 1302.75 Remedies for breach of collateral contracts not impaired - UCC 2-701

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Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of sections 1302.01 to 1302.98, inclusive, of the Revised Code.