North Carolina Receipt and Acceptance of Partial Delivery of Goods

State:
Multi-State
Control #:
US-02289BG
Format:
Word
Instant download

Description

Under the following form, the buyer admits that the part received is merely an installment of a larger specified quantity. The reference to the larger specified quantity makes the receipt signed by the buyer sufficient as a memorandum under the statute of frauds of the Uniform Commercial Code (??? 2-201) without regard to the fact of delivery and acceptance of the part. It is, therefore, to the advantage of the seller to obtain the execution of such a receipt for the goods whenever possible.

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FAQ

In North Carolina, the statute of repose changed in October of 2009. For any product sold after October 1, 2009, the statute of repose is 12 years after the date of the initial purchase or consumption of the product in question (not to the victim, but the date of first sale or consumption by anyone).

For example, if a defective product first sold to a consumer more than ten years ago causes an injury, a ten-year statute of repose (that starts on the product's original date of purchase) might bar a claim even if the statute of limitations (which starts on the date of injury) does not.

§ 28A-19-6. (a) After payment of costs and expenses of administration, the claims against the estate of a decedent must be paid in the following order: First class. Claims which by law have a specific lien on property to an amount not exceeding the value of such property.

In North Carolina, the statute of repose changed in October of 2009. For any product sold after October 1, 2009, the statute of repose is 12 years after the date of the initial purchase or consumption of the product in question (not to the victim, but the date of first sale or consumption by anyone).

In North Carolina, felony crimes have no statutes of limitations?meaning a felony criminal case can be filed at any time. Most misdemeanor cases must be charged by the prosecutor within two years of the crime. Exceptions to the two-year limit are noted below.

North Carolina's ?unfair or deceptive acts or practices? statute, section 75-1.1 of the North Carolina General Statutes, is a constant presence in North Carolina litigation. The statute combines two explosive ingredients: (1) a private right of action for treble damages and (2) an open-ended conduct standard.

Twenty-three states have adopted a statute of repose for product liability claims. Most statutes vary between 10 and 12 years.

In North Carolina, the statue of repose is six years, and the period generally begins to run upon substantial completion of the project.

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North Carolina Receipt and Acceptance of Partial Delivery of Goods