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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 810 ILCS 5/Art. 2 Pt. 3
(810 ILCS 5/Art. 2 Pt. 3 heading)
PART 3.
GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
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810 ILCS 5/2-301
(810 ILCS 5/2-301) (from Ch. 26, par. 2-301)
Sec. 2-301.
General obligations of parties.
The obligation of the seller is to transfer and deliver and that of the
buyer is to accept and pay in accordance with the contract.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-302
(810 ILCS 5/2-302) (from Ch. 26, par. 2-302)
Sec. 2-302.
Unconscionable contract or clause.
(1) If the court as a matter of law finds the contract or any clause of
the contract to have been unconscionable at the time it was made the court
may refuse to enforce the contract, or it may enforce the remainder of the
contract without the unconscionable clause, or it may so limit the
application of any unconscionable clause as to avoid any unconscionable
result.
(2) When it is claimed or appears to the court that the contract or any
clause thereof may be unconscionable the parties shall be afforded a
reasonable opportunity to present evidence as to its commercial setting,
purpose and effect to aid the court in making the determination.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-303
(810 ILCS 5/2-303) (from Ch. 26, par. 2-303)
Sec. 2-303.
Allocation or division of risks.
Where this Article allocates a risk or a burden as between the parties
"unless otherwise agreed", the agreement may not only shift the allocation
but may also divide the risk or burden.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-304
(810 ILCS 5/2-304) (from Ch. 26, par. 2-304)
Sec. 2-304.
Price payable in money, goods, realty, or otherwise.
(1) The price can be made payable in money or otherwise. If it is
payable in whole or in part in goods each party is a seller of the goods
which he is to transfer.
(2) Even though all or part of the price is payable in an interest in
realty the transfer of the goods and the seller's obligations with
reference to them are subject to this Article, but not the transfer of the
interest in realty or the transferor's obligations in connection therewith.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-305
(810 ILCS 5/2-305) (from Ch. 26, par. 2-305)
Sec. 2-305.
Open
price term.
(1) The parties if they so intend can conclude a contract for sale even
though the price is not settled. In such a case the price is a reasonable
price at the time for delivery if
(a) nothing is said as to price; or
(b) the price is left to be agreed by the parties and | |
(c) the price is to be fixed in terms of some agreed
| | market or other standard as set or recorded by a third person or agency and it is not so set or recorded.
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(2) A price to be fixed by the seller or by the buyer means a price for
him to fix in good faith.
(3) When a price left to be fixed otherwise than by agreement of the
parties fails to be fixed through fault of one party the other may at his
option treat the contract as cancelled or himself fix a reasonable price.
(4) Where, however, the parties intend not to be bound unless the price
be fixed or agreed and it is not fixed or agreed there is no contract. In
such a case the buyer must return any goods already received or if unable
so to do must pay their reasonable value at the time of delivery and the
seller must return any portion of the price paid on account.
(Source: Laws 1961, p. 2101 .)
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810 ILCS 5/2-306
(810 ILCS 5/2-306) (from Ch. 26, par. 2-306)
Sec. 2-306.
Output, requirements and exclusive dealings.
(1) A term which measures the quantity by the output of the seller or
the requirements of the buyer means such actual output or requirements as
may occur in good faith, except that no quantity unreasonably
disproportionate to any stated estimate or in the absence of a stated
estimate to any normal or otherwise comparable prior output or requirements
may be tendered or demanded.
(2) A lawful agreement by either the seller or the buyer for exclusive
dealing in the kind of goods concerned imposes unless otherwise agreed an
obligation by the seller to use best efforts to supply the goods and by the
buyer to use best efforts to promote their sale.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-307
(810 ILCS 5/2-307) (from Ch. 26, par. 2-307)
Sec. 2-307.
Delivery in single lot or several lots.
Unless otherwise agreed all goods called for by a contract for sale must
be tendered in a single delivery and payment is due only on such tender but
where the circumstances give either party the right to make or demand
delivery in lots the price if it can be apportioned may be demanded for
each lot.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-308
(810 ILCS 5/2-308) (from Ch. 26, par. 2-308)
Sec. 2-308.
Absence of specified place for delivery.
Unless otherwise agreed
(a) the place for delivery of goods is the seller's | | place of business or if he has none his residence; but
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(b) in a contract for sale of identified goods which
| | to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery; and
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(c) documents of title may be delivered through
| | customary banking channels.
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(Source: Laws 1961, p. 2101 .)
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810 ILCS 5/2-309
(810 ILCS 5/2-309) (from Ch. 26, par. 2-309)
Sec. 2-309.
Absence of specific time provisions; notice of termination.
(1) The time for shipment or delivery or any other action under a
contract if not provided in this Article or agreed upon shall be a
reasonable time.
(2) Where the contract provides for successive performances but is
indefinite in duration it is valid for a reasonable time but unless
otherwise agreed may be terminated at any time by either party.
(3) Termination of a contract by one party except on the happening of an
agreed event requires that reasonable notification be received by the other
party and an agreement dispensing with notification is invalid if its
operation would be unconscionable.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-310
(810 ILCS 5/2-310) (from Ch. 26, par. 2-310)
Sec. 2-310. Open
time for payment or running of credit authority to ship under reservation.
Unless otherwise agreed
(a) payment is due at the time and place at which the | | buyer is to receive the goods even though the place of shipment is the place of delivery; and
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(b) if the seller is authorized to send the goods he
| | may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (Section 2-513); and
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(c) if delivery is authorized and made by way of
| | documents of title otherwise than by subsection (b) then payment is due regardless of where the goods are to be received (i) at the time and place at which the buyer is to receive delivery of the tangible documents or (ii) at the time the buyer is to receive delivery of the electronic documents and at the seller's place of business or if none, the seller's residence; and
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(d) where the seller is required or authorized to
| | ship the goods on credit the credit period runs from the time of shipment but post-dating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.
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(Source: P.A. 95-895, eff. 1-1-09 .)
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810 ILCS 5/2-311
(810 ILCS 5/2-311) (from Ch. 26, par. 2-311)
Sec. 2-311.
Options and cooperation respecting performance.
(1) An agreement for sale which is otherwise sufficiently definite
(subsection (3) of Section 2-204 to be a contract is not made invalid by
the fact that it leaves particulars of performance to be specified by one
of the parties. Any such specification must be made in good faith and
within limits set by commercial reasonableness.
(2) Unless otherwise agreed specifications relating to assortment of the
goods are at the buyer's option and except as otherwise provided in
subsections (1) (c) and (3) of Section 2-319 specifications or
arrangements relating to shipment are at the seller's option.
(3) Where such specification would materially affect the other party's
performance but is not seasonably made or where one party's cooperation is
necessary to the agreed performance of the other but is not seasonably
forthcoming, the other party in addition to all other remedies.
(a) is excused for any resulting delay in his own | |
(b) may also either proceed to perform in any
| | reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
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(Source: Laws 1961, 1st SS., p. 7 .)
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810 ILCS 5/2-312
(810 ILCS 5/2-312) (from Ch. 26, par. 2-312)
Sec. 2-312.
Warranty of title and against infringement; buyer's obligation against
infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty
by the seller that
(a) the title conveyed shall be good, and its | |
(b) the goods shall be delivered free from any
| | security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.
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(2) A warranty under subsection (1) will be excluded or modified only by
specific language or by circumstances which give the buyer reason to know
that the person selling does not claim title in himself or that he is
purporting to sell only such right or title as he or a third person may
have.
(3) Unless otherwise agreed a seller who is a merchant regularly dealing
in goods of the kind warrants that the goods shall be delivered free of the
rightful claim of any third person by way of infringement or the like but a
buyer who furnishes specifications to the seller must hold the seller
harmless against any such claim which arises out of compliance with the
specifications.
(Source: Laws 1961, p. 2101 .)
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810 ILCS 5/2-313
(810 ILCS 5/2-313) (from Ch. 26, par. 2-313)
Sec. 2-313.
Express warranties by affirmation, promise, description, sample.
(1) Express warranties by the seller are created as follows:
(a) 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 or promise.
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(b) Any description of the goods which is made part
| | of the basis of the bargain creates an express warranty that the goods shall conform to the description.
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(c) Any sample or model which is made part of the
| | basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.
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(2) It is not necessary to the creation of an express warranty that the
seller use formal words such as "warrant" or "guarantee" or that he have a
specific intention to make a warranty, but an affirmation merely of the
value of the goods or a statement purporting to be merely the seller's
opinion or commendation of the goods does not create a warranty.
(Source: Laws 1961, p. 2101 .)
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810 ILCS 5/2-314
(810 ILCS 5/2-314) (from Ch. 26, par. 2-314)
Sec. 2-314.
Implied warranty: merchantability; usage of trade.
(1) Unless excluded or modified (Section 2-316), 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 food or drink to be consumed either on the
premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade under the | | contract description; and
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(b) in the case of fungible goods, are of fair
| | average quality within the description; and
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(c) are fit for the ordinary purposes for which such
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(d) run, within the variations permitted by the
| | agreement, of even kind, quality and quantity within each unit and among all units involved; and
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(e) are adequately contained, packaged, and labeled
| | as the agreement may require; and
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(f) conform to the promises or affirmations of fact
| | made on the container or label if any.
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(3) Unless excluded or modified (Section 2-316) other implied
warranties may arise from course of dealing or usage of trade.
(Source: Laws 1961, p. 2101 .)
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810 ILCS 5/2-315
(810 ILCS 5/2-315) (from Ch. 26, par. 2-315)
Sec. 2-315.
Implied warranty: fitness for particular purpose.
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 the next section an
implied warranty that the goods shall be fit for such purpose.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-316
(810 ILCS 5/2-316) (from Ch. 26, par. 2-316)
Sec. 2-316.
Exclusion or modification of warranties.
(1) 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 this Article on parol or extrinsic evidence (Section 2-202)
negation or limitation is inoperative to the extent that such construction
is unreasonable.
(2) Subject to subsection (3), to exclude or modify the implied warranty
of merchantability or any part of it the language must mention
merchantability and in case of a writing must be conspicuous, and to
exclude or modify any implied warranty of fitness the exclusion must be by
a writing and conspicuous. Language to exclude all implied warranties of
fitness is sufficient if it states, for example, that "There are no
warranties which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2)
(a) unless the circumstances indicate otherwise, all implied
warranties are excluded by expressions like "as is", "with all faults" or
other language which in common understanding calls the buyer's attention to
the exclusion of warranties and makes plain that there is no implied
warranty; and
(b) when the buyer before entering into the contract has examined the
goods or the sample or model as fully as he desired or has refused to
examine the goods there is no implied warranty with regard to defects which
an examination ought in the circumstances to have revealed to him; and
(c) an implied warranty can also be excluded or modified by course of
dealing or course of performance or usage of trade; and
(d) the implied warranties of merchantability and fitness for a particular
purpose do not apply to the sale of cattle, swine, sheep, horses, poultry
and turkeys, or the unborn young of any of the foregoing, provided the seller
has made reasonable efforts to comply with State and federal regulations
pertaining to animal health. This exemption does not apply if the seller
had knowledge that the animal was diseased at the time of the sale.
(4) Remedies for breach of warranty can be limited in accordance with
the provisions of this Article on liquidation or limitation of damages and
on contractual modification of remedy (Sections 2-718 and 2-719).
(Source: P.A. 82-234.)
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810 ILCS 5/2-317
(810 ILCS 5/2-317) (from Ch. 26, par. 2-317)
Sec. 2-317.
Cumulation and conflict of warranties express or implied.
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) Exact or technical specifications displace an | | inconsistent sample or model or general language of description.
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(b) A sample from an existing bulk displaces
| | inconsistent general language of description.
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(c) Express warranties displace inconsistent implied
| | warranties other than an implied warranty of fitness for a particular purpose.
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(Source: Laws 1961, p. 2101 .)
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810 ILCS 5/2-318
(810 ILCS 5/2-318) (from Ch. 26, par. 2-318)
Sec. 2-318.
Third party beneficiaries of warranties express or implied.
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 breach of the
warranty. A seller may not exclude or limit the operation of this Section.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-319
(810 ILCS 5/2-319) (from Ch. 26, par. 2-319)
Sec. 2-319.
F.O.B.
and F.A.S. terms.
(1) 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
(a) when the term is F.O.B. the place of shipment, | | the seller must at that place ship the goods in the manner provided in this Article (Section 2-504) and bear the expense and risk of putting them into the possession of the carrier; or
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(b) when the term is F.O.B. the place of destination,
| | the seller must at his own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this Article (Section 2-503);
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(c) when under either (a) or (b) the term is also
| | F.O.B. vessel, car or other vehicle, the seller must in addition at his own expense and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this Article on the form of bill of lading (Section 2-323).
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(2) Unless otherwise agreed the term F.A.S. vessel (which means "free
alongside") at a named port, even though used only in connection with the
stated price, is a delivery term under which the seller must
(a) at his own expense and risk deliver the goods
| | alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and
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(b) obtain and tender a receipt for the goods in
| | exchange for which the carrier is under a duty to issue a bill of lading.
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(3) Unless otherwise agreed in any case falling within subsection (1)
(a) or (c) or subsection (2) the buyer must seasonably give any needed
instructions for making delivery, including when the term is F.A.S. or
F.O.B. the loading berth of the vessel and in an appropriate case its name
and sailing date. The seller may treat the failure of needed instructions
as a failure of cooperation under this Article (Section 2-311). He may
also at his option move the goods in any reasonable manner preparatory to
delivery or shipment.
(4) Under the term F.O.B. vessel or F.A.S. unless otherwise agreed the
buyer must make payment against tender of the required documents and the
seller may not tender nor the buyer demand delivery of the goods in
substitution for the documents.
(Source: Laws 1961, p. 2101 .)
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810 ILCS 5/2-320
(810 ILCS 5/2-320) (from Ch. 26, par. 2-320)
Sec. 2-320.
C.I.F.
and C. & F. terms.
(1) The term C.I.F. means that 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.
(2) Unless otherwise agreed and even though used only in connection with
the stated price and destination, the term C.I.F. destination or its
equivalent requires the seller at his own expense and risk to
(a) put the goods into the possession of a carrier at | | the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and
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(b) load the goods and obtain a receipt from the
| | carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and
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(c) obtain a policy or certificate of insurance,
| | including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and
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(d) prepare an invoice of the goods and procure any
| | other documents required to effect shipment or to comply with the contract; and
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(e) forward and tender with commercial promptness all
| | the documents in due form and with any indorsement necessary to perfect the buyer's rights.
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(3) Unless otherwise agreed the term C. & F. or its equivalent has the
same effect and imposes upon the seller the same obligations and risks as a
C.I.F. term except the obligation as to insurance.
(4) Under the term C.I.F. or C. & F. unless otherwise agreed the buyer
must make payment against tender of the required documents and the seller
may not tender nor the buyer demand delivery of the goods in substitution
for the documents.
(Source: Laws 1961, p. 2101 .)
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810 ILCS 5/2-321
(810 ILCS 5/2-321) (from Ch. 26, par. 2-321)
Sec. 2-321.
C.I.F.
or C. & F.: "net landed weights"; "payment on
arrival"; warranty of condition on arrival.
Under a contract containing a term C.I.F. or C. & F.
(1) 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. The payment due on tender of the documents called
for by the contract is the amount so estimated, but after final
adjustment of the price a settlement must be made with commercial
promptness.
(2) An agreement described in subsection (1) or any warranty of
quality or condition of the goods on arrival places upon the seller the
risk of ordinary deterioration, shrinkage and the like in transportation
but has no effect on the place or time of identification to the contract
for sale or delivery or on the passing of the risk of loss.
(3) Unless otherwise agreed where the contract provides for payment
on or after arrival of the goods the seller must before payment allow
such preliminary inspection as is feasible; but if the goods are lost
delivery of the documents and payment are due when the goods should have
arrived.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-322
(810 ILCS 5/2-322) (from Ch. 26, par. 2-322)
Sec. 2-322.
Delivery "ex-ship".
(1) 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 the kind
are usually discharged.
(2) Under such a term unless otherwise agreed
(a) the seller must discharge all liens arising out | | of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and
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(b) the risk of loss does not pass to the buyer until
| | the goods leave the ship's tackle or are otherwise properly unloaded.
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(Source: Laws 1961, p. 2101 .)
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810 ILCS 5/2-323
(810 ILCS 5/2-323) (from Ch. 26, par. 2-323)
Sec. 2-323. Form
of bill of lading required in overseas shipment; "overseas". (1) 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., received for
shipment.
(2) Where in a case within subsection (1) a tangible bill of lading has been
issued in a set of parts, unless otherwise agreed if the documents are not
to be sent from abroad the buyer may demand tender of the full set;
otherwise only one part of the bill of lading need be tendered. Even if the
agreement expressly requires a full set:
(a) due tender of a single part is acceptable within | | the provisions of this Article on cure of improper delivery (subsection (1) of Section 2-508); and
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(b) even though the full set is demanded, if the
| | documents are sent from abroad the person tendering an incomplete set may nevertheless require payment upon furnishing an indemnity which the buyer in good faith deems adequate.
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(3) A shipment by water or by air or a contract contemplating such
shipment is "overseas" insofar as by usage of trade or agreement it is
subject to the commercial, financing or shipping practices characteristic
of international deep water commerce.
(Source: P.A. 100-201, eff. 8-18-17.)
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810 ILCS 5/2-324
(810 ILCS 5/2-324) (from Ch. 26, par. 2-324)
Sec. 2-324.
"No
arrival, no sale" term.
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 non-arrival; and
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(b) where without fault of the seller the goods are
| | in part lost or have so deteriorated as no longer to conform to the contract or arrive after the contract time, the buyer may proceed as if there had been casualty to identified goods (Section 2-613).
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(Source: Laws 1961, p. 2101 .)
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810 ILCS 5/2-325
(810 ILCS 5/2-325) (from Ch. 26, par. 2-325)
Sec. 2-325.
"Letter of credit" term; "confirmed credit".
(1) Failure of the buyer seasonably to furnish an agreed letter of
credit is a breach of the contract for sale.
(2) 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 notification to the buyer require payment directly
from him.
(3) Unless otherwise agreed the term "letter of credit" or "banker's
credit" in a contract for sale means an irrevocable credit issued by a
financing agency of good repute and, where the shipment is overseas, of
good international repute. The term "confirmed credit" means that the
credit must also carry the direct obligation of such an agency which does
business in the seller's financial market.
(Source: Laws 1961, p. 2101.)
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810 ILCS 5/2-326
(810 ILCS 5/2-326) (from Ch. 26, par. 2-326)
Sec. 2-326.
Sale
on approval and sale or return; rights of creditors.
(1) Unless otherwise agreed, if delivered goods may be returned by the
buyer even though they conform to the contract, the transaction is
(a) a "sale on approval" if the goods are delivered | |
(b) a "sale or return" if the goods are delivered
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(2) Goods held on approval are not
subject to the claims of the buyer's creditors until acceptance; goods held
on sale or return are subject to such claims while in the buyer's
possession.
(3) Any "or return" term of a contract for sale is to be treated as a
separate contract for sale within the statute of frauds section of this
Article (Section 2-201) and as contradicting the sale aspect of the
contract within the provisions of this Article on parol or extrinsic
evidence (Section 2-202).
(Source: P.A. 91-893, eff. 7-1-01 .)
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810 ILCS 5/2-327
(810 ILCS 5/2-327) (from Ch. 26, par. 2-327)
Sec. 2-327.
Special incidents of sale on approval and sale or return.
(1) Under a sale on approval unless otherwise agreed
(a) although the goods are identified to the contract | | the risk of loss and the title do not pass to the buyer until acceptance; and
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(b) use of the goods consistent with the purpose of
| | trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and
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(c) after due notification of election to return, the
| | return is at the seller's risk and expense but a merchant buyer must follow any reasonable instructions.
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(2) Under a sale or return unless otherwise agreed
(a) the option to return extends to the whole or any
| | commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and
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(b) the return is at the buyer's risk and expense.
(Source: Laws 1961, 1st SS., p. 7 .)
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810 ILCS 5/2-328
(810 ILCS 5/2-328) (from Ch. 26, par. 2-328)
Sec. 2-328.
Sale by auction.
(1) In a sale by auction if goods are put up in lots each lot is the
subject of a separate sale.
(2) 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 of a prior bid the
auctioneer may in his discretion reopen the bidding or declare the goods
sold under the bid on which the hammer was falling.
(3) Such a sale is with reserve unless the goods are in explicit
terms put up without reserve. In an auction with reserve the auctioneer
may withdraw the goods at any time until he announces completion of the
sale. In an auction without reserve, after the auctioneer calls for bids
on an article or lot, that article or lot cannot be withdrawn unless no
bid is made within a reasonable time. In either case a bidder may
retract his bid until the auctioneer's announcement of completion of the
sale, but a bidder retraction does not revive any previous bid.
(4) If the auctioneer knowingly receives a bid on the seller's
behalf or the seller makes or procures such a bid, and notice has not
been given that liberty for such bidding is reserved, the buyer may at
his option avoid the sale or take the goods at the price of the last
good faith bid prior to the completion of the sale. This subsection
shall not apply to any bid at a forced sale.
(Source: Laws 1961, p. 2101.)
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