Page:United States Statutes at Large Volume 77.djvu/672

 640

PUBLIC LAW 88-243-DEC. 30, 1963

[77 STAT.

(2) Other definitions applying to this article, etc,—Continued "Contract for sale". Section 28:2—106. "Cover". Section 28:2—712. "Entrusting". Section 28:2—403. "Financing agency". Section 28:2—104. "Future goods". Section 28:2—105. "Goods". Section 28:2—105. "Identification". Section 28:2—501. "Installment contract". Section 28:2—612. " l e t t e r of Credit". Section 28: 2—325. "Lot". Section 28: 2—105. "Merchant". Section 28:2—104. "Overseas". Section 28: 2—328. "Person in position of seller". Section 28: 2—T07. "Present sale". Section 28: 2—106. "Sale". Section 28: 2—106. "Sale on approval". Section 28: 2—326. "Sale or return". Section 28: 2—326. "Termination". Section 28: 2—106. (3) The following definitions in other articles apply to this article: "Check". Section 28: 3—104. "Consignee". Section 28: 7—102. "Consignor". Section 28: 7—102. "Consumer goods". Section 28: 9—109. "Dishonor". Section 28: 3—507. "Draft". Section 28: 3—104. (4) I n addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article. §28:2—104. Definitions: "merchant"; "between merchants"; "financing agency" (1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill. (2) "Financing agency" means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (section 28:2—707). (3) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants. § 28:2—105. Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit" (1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (article 8) and things in action. "Goods" also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (section 28:2—107).

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