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Session Laws, 1963
Volume 671, Page 802   View pdf image (33K)
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804                               LAWS OF MARYLAND                        [CH. 538

buyer may inspect the goods after their arrival before payment is
due unless such inspection is inconsistent with the terms of the con-
tract (Section 2
513); and

(c)  if delivery is authorized and made by way of documents of
title otherwise than by subsection (b) then payment is due at the
time and place at which the buyer is to receive the documents regard-
less of where the goods are to be received; and

(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.

2311. Options and Cooperation Respecting Performance.

(1)  An agreement for sale which is otherwise sufficiently definite
(sub-section (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 pro-
vided in sub-sections (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 performance;
and

(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.

2312. Warranty of Title and Against Infringement; Buyer's Ob-
ligation Against Infringement.

(1)  Subject to sub-section (2) there is in a contract for sale a
warranty by the seller that

(a)  the title conveyed shall be good, and its transfer rightful; and

(b)  the goods shall be delivered free from any security interest
or other lien or encumbrance of which the buyer at the time of con-
tracting has no knowledge.

(2)  A warranty under sub-section (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 de-


 

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Session Laws, 1963
Volume 671, Page 802   View pdf image (33K)
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