Since the UCC`s standard position (more detailed in this chapter) is that the title moves when the seller has met delivery obligations and the parties can agree on delivery terms, they can also agree by choosing these conditions if the security moves (in turn, they can also accept another language they wish). Some delivery conditions should therefore be considered at this stage. There are three possibilities: transit contracts, destination contracts and contracts for which goods should not be moved. The UCC in Section 2-401 provides that “property ownership cannot be subject to a sales contract before the contract is identified.” (In a rental agreement, the ownership of the tenancy obviously does not pass at all, but only the right of ownership and use for a certain time for remuneration. Single Code of Trade, Section 2A-103(1)) (j)) The identification with the contract must therefore take place before the title can move. The identification of the contract the goods determined by the mass only for the immediate contract. Here means that the seller somehow withdraws the goods to be sold from the stock so that they can be delivered or stored for the buyer. If the parties do not provide for a transfer of ownership, section 2-401, paragraph 2, of the UCC provides that “the property is transferred to the buyer at the time and place in which the seller completes his service by referring to the physical delivery of the goods.” And if the parties do not have a duration in their delivery contract, the standard delivery time of the UCC is controlled. “The place of delivery is the seller`s seat or if it is not domiciled,” and delivery is made where the seller “provides and accepts the goods to the buyer and provides the buyer with a reasonably necessary notice to enable delivery.” Unique Code of Trade, sections 2-308 and 2-503. First, a sale cannot be made without a change in the title. You will recall that a sale by the Single Code of Trade (UCC) is defined as “transferring ownership from seller to buyer for a price.” So if there is no transfer of ownership, there is no sale. And there are several consequences that there is no sale, one of which — as far as a distributor is concerned — is that there is no implied market guarantee.

(As has already been explained in the previous chapter, an implied guarantee provides that when a trader sells goods, the goods are adapted to the usual use for which those goods are used.) In a rental agreement, the title of course stays with the owner. Assuming the identification has been made, when is the title deferred? The law begins with the premise that the agreement of the parties governs. Section 2-401, paragraph 1, of the UCC states that, in general, “the right of goods is transferred from the seller to the buyer in all manner and under all conditions expressly agreed upon by the parties.” Many companies indicate in their written agreements when the title will flow; For example, there is a clause in Dow Chemical Company`s thought contracts: “The property and risk of loss of all products sold here passes to the buyer with the delivery of the seller to the carrier at the place of shipment.” Thus, Dow retains ownership of its goods only until it transports them to the carrier to the buyer. Suppose the contract asks Delta to “deliver the sponges on June 10 to the Very Fast Foods Inc. warehouse on Maple Street.” It is a destination contract and the seller “completes his service with regard to the physical delivery of the goods” when he pulls up to the door of the warehouse and issues the cartons. Single Code of Trade, Section 2-401 (2) (b).