Understanding Sales Law and the Uniform Commercial Code

No matter what level of business you are in, knowing and understanding the uniform commercial code can greatly benefit your business, your policies, and how well you perform. Whether you are a business owner, a manager, or a sales person, sales laws effect how you operate and the way that business is conducted day in and day out. When business was first evolving in the US, each individual state often had its own form of sales laws that worked to protect both businesses and consumers, and interstate trade was quite complicated. Now, the uniform commercial code is a comprehensive law that governs sales and transactions in all states. It is important to note that this code does not apply to foreign trade, which is governed by another set of trade laws and can also be affected by the individual ordinances of a specific country as well.The uniform commercial code governs various aspects of sales and business, including promissory notes, checks, credit, warehouse receipts, bills of lading, title documents, securities, and other forms of transactions. With increases in technology and dramatic changes I the way that much of business is now conducted, some aspects of the code are now becoming somewhat irrelevant. Promissory notes are seldom used anymore, and paper checks are quickly becoming a thing of the past as electronic transactions are evolving into a preferred method of payment.Two aspects of the uniform commercial code which are of particular importance when it comes to sales are sections that deal with warranties and negotiable instruments. Warranties ensure that a product sold is acceptable for the purposes that the buyer intends to use it for, and there are basically two different types, express warranties and implied warranties. Express warranties are statements issued by the company or manufacturer that spell out the specific warranty agreement. A number of today’s electronics and appliances are sold with limited express warranties that will cover replacement or repair of the product within a specified period of time. An implied warranty, however, is legally imposed on the seller, and assumes that a product will accomplish what it is intended to do. For example, a clothes dryer must dry clothes, and a water heater must heat water.Negotiable instruments are the aspect of sales law that deals with checks. Although it is not important as it once was, the shift from widespread use of paper checks to electronic transactions and debit cards presents some new legal implications regarding transactions between a business and consumers. In addition, the increased threat of identity theft also raises concerns over liability to a number of business and financial institutions.

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