(1) In this article unless the context otherwise requires:
(a) "Buyer" means a person who buys or contracts to buy goods;
(b) (Reserved)
(c) "Receipt" of goods means taking physical possession of them; and
(d) "Seller" means a person who sells or contracts to sell goods.
(2) Other definitions applying to this article or to specified parts thereof, and the sections in which they appear are:
(a) "Acceptance." KRS 355.2-606;
(b) "Banker's credit." KRS 355.2-325;
(c) "Between merchants." KRS 355.2-104;
(d) "Cancellation." KRS 355.2-106 (4);
(e) "Commercial unit." KRS 355.2-105;
(f) "Confirmed credit." KRS 355.2-325;
(g) "Conforming to contract." KRS 355.2-106;
(h) "Contract for sale." KRS 355.2-106;
(i) "Cover." KRS 355.2-712;
(j) "Entrusting." KRS 355.2-403;
(k) "Financing agency." KRS 355.2-104;
(l) "Future goods." KRS 355.2-105;
(m) "Goods." KRS 355.2-105;
(n) "Identification." KRS 355.2-501;
(o) "Installment contract." KRS 355.2-612;
(p) "Letter of credit." KRS 355.2-325;
(q) "Lot." KRS 355.2-105;
(r) "Merchant." KRS 355.2-104;
(s) "Overseas." KRS 355.2-323;
(t) "Person in position of seller." KRS 355.2-707;
(u) "Present sale." KRS 355.2-106;
(v) "Sale." KRS 355.2-106;
(w) "Sale on approval." KRS 355.2-326;
(x) "Sale or return." KRS 355.2-326; and
(y) "Termination." KRS 355.2-106.
(3) The following definitions in other articles apply to this article:
(a) "Check." KRS 355.3-104;
(b) "Consignee." KRS 355.7-102;
(c) "Consignor." KRS 355.7-102;
(d) "Consumer goods." KRS 355.9-102;
(e) "Control." KRS 355.7-106;
(f) "Dishonor." KRS 355.3-502; and
(g) "Draft." KRS 355.3-104.
(4) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 132, sec. 45, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 242, sec. 25, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 408, sec. 158, effective July 1, 2001. -- Created 1958 Ky. Acts ch. 77, sec. 2-103, effective July 1, 1960. Legislative Research Commission Note (7/12/2006). Under the authority of KRS 7.136(1), the Reviser of Statutes has added paragraph headings [(a), (b), etc.] before terms referenced in subsections (2) and (3) of this statute that are defined in other statutes. The words in the text were not changed.
Notes of Decisions
Compex Intern. Co., Ltd. v. Taylor, 209 S.W.3d 462 (Ky. 2007).
· cites it 2× “[5] KRS 355.2-103(1)(a) states that "`Buyer' means a person who buys or contracts to buy goods.”
Kentucky Utils. Co. v. South East Coal Co., 836 S.W.2d 392 (Ky. 1992).
· cites it 2× “' KRS 355.2-103(1)(b). KU was also under a contractual obligation to eliminate the disabling effects of such force majeure as soon as, and to the extent, possible.”
Brown Sprinkler Corp. v. Plumbers Supply Co., 265 S.W.3d 237 (Ky. Ct. App. 2007).
“For public policy reasons, Brown contends, the provisions of KRS 355.2-103 defining “seller” of goods ought to be broadly construed in order to expand the concept of privity of contract and to encompass within its reach Globe, a manufacturer of goods.”
Gooch v. E.I. Du Pont De Nemours & Co., 40 F. Supp. 2d 863 (W.D. Ky. 1999).
“This case can be distinguished from cases, such as the present one, "that traditionally merit the application of the economic loss rule, in that it does not involve a transaction between a commercial buyer and seller.”
United States v. Truitt (In Re Ivy), 37 B.R. 285 (Bankr. E.D. Ky. 1983).
“” See KRS 355.2-103(l)(c), which states, “(c) “Receipt” of goods means taking physical possession of them.”
Leeper v. Banks, 487 S.W.2d 58 (Ky. Ct. App. 1972).
“2-607(3) (a), “the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy.”
Frantz, Inc. v. Blue Grass Hams, Inc., 520 S.W.2d 313 (Ky. Ct. App. 1975).
“Numerous service calls were made by K-Service, after each of which the system seemed to operate properly for a short time; however, in September 1968 it failed completely.”
— Ky. Rev. Stat. § 355.2-103(1) — 2 cases
Leeper v. Banks, 487 S.W.2d 58 (Ky. Ct. App. 1972).
“2-607(3) (a), “the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy.”
Frantz, Inc. v. Blue Grass Hams, Inc., 520 S.W.2d 313 (Ky. Ct. App. 1975).
“Numerous service calls were made by K-Service, after each of which the system seemed to operate properly for a short time; however, in September 1968 it failed completely.”
— Ky. Rev. Stat. § 355.2-103(1)(a) — 1 case
— Ky. Rev. Stat. § 355.2-103(1)(b) — 1 case
Kentucky Utils. Co. v. South East Coal Co., 836 S.W.2d 392 (Ky. 1992).
“' KRS 355.2-103(1)(b). KU was also under a contractual obligation to eliminate the disabling effects of such force majeure as soon as, and to the extent, possible.”
— Ky. Rev. Stat. § 355.2-103(1)(c) — 1 case
— Ky. Rev. Stat. § 355.2-103(l)(a) — 1 case
— Ky. Rev. Stat. § 355.2-103(l)(c) — 1 case
United States v. Truitt (In Re Ivy), 37 B.R. 285 (Bankr. E.D. Ky. 1983).
“” See KRS 355.2-103(l)(c), which states, “(c) “Receipt” of goods means taking physical possession of them.”
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