(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 or are associated with 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 2707).
(3)“Between merchants” means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1972–2022 · leading case:
In Re Valley Media, Inc., 279 B.R. 105 (Bankr. D. Del. 2002).
Crystal Springs Upland Sch. v. Fieldturf USA, Inc., 219 F. Supp. 3d 962 (N.D. Cal. 2016).
“Cal. Com. Code § 2104 (1). Plaintiff alleges that it is a private middle school and high school that investigated whether it should buy a single artificial turf field and then purchased one.”
Windsor Mills, Inc. v. Collins & Aikman Corp., 10 U.C.C. Rep. Serv. (West) 1020 (Cal. Ct. App. 1972).
“4 Commercial Code section 2104: “(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 . .”
Ballard v. Equifax Check Servs., Inc., 158 F. Supp. 2d 1163 (E.D. Cal. 2001).
“” 7 On March 23, 2000, this court certified the following issue for interlocutory appeal: whether ECS is precluded as a matter of law from arguing that its service charge was authorized as an “incidental damage” under California Commercial Code sections 2104, 2707, 2709 and 2710.”
Off. Supply Store.com v. Kansas City Sch. Bd., 334 S.W.3d 574 (Mo. Ct. App. 2011).
“2-104(1), RSMo; Cal. Comm.Code § 2104(1). If the School District is not a “merchant,” under § 2-207(2) the additional forum-selection term stated in Office Supply’s invoice must be construed simply as a proposal for an addition to the contract.”
Diamondstar Ent. Holdings, LLC v. THH LLC (C.D. Cal. 2022).
“” Cal. Com. Code § 2104 (1). “A person making an isolated 3 sale of goods is not a ‘merchant’ within the meaning of the full scope of this section 4 and, thus, no warranty of merchantability would apply.”
Animal Hosp. of Nashua v. Antech Diag., 2014 DNH 106 (D.N.H. 2014).
“See Cal. Com. Code § 2104 (1). Beyond that, the Equipment Agreement was not a “contract for the sale of goods,” given that “[a] ‘sale’ consists in the passing of title from the seller to the buyer for a price,” Cal.”
— Cal. Commercial Code § 2104(1) — 2 cases
Off. Supply Store.com v. Kansas City Sch. Bd., 334 S.W.3d 574 (Mo. Ct. App. 2011).
“2-104(1), RSMo; Cal. Comm.Code § 2104(1). If the School District is not a “merchant,” under § 2-207(2) the additional forum-selection term stated in Office Supply’s invoice must be construed simply as a proposal for an addition to the contract.”
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