Terms Used In 13 Guam Code Ann. § 2103

  • Contract: A legal written agreement that becomes binding when signed.
) In this division unless the context otherwise requires:
(a) Buyer means a person who buys or contracts to buy goods. (b) Good faith in the case of a merchant means honesty in fact
and the observance of reasonable commercial standards of fair deal-
ing in the trade.

(c) Receipt of goods means taking physical possession of them. (d) Seller means a person who sells or contracts to sell goods.
(2) Other definitions applying to this division or to specified chapters thereof, and the sections in which they appear are:
Acceptance. Section 2606. Banker’s credit. Section 2325. Between merchants. Section § 2104. Cancellation. Section § 2106(4). Commercial unit. Section § 2105. Confirmed credit. Section 2325.
Conforming to contract. Section § 2106.

Contract for sale. Section § 2106.
Cover. Section 2712. Entrusting. Section 2403. Financing agency. Section § 2104. Future goods. Section § 2105. Goods. Section § 2105. Identification. Section 2501. Installment contract. Section 2612. Letter of Credit. Section 2325.
Lot. Section § 2105.

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Merchant. Section § 2104.

Overseas. Section 2323.
Person in position of seller. Section 2707.

Present sale. Section § 2106.
Sale. Section § 2106.

Sale on approval. Section 2326. Sale or return. Section 2326. Termination. Section § 2106.
(3) The following definitions in other divisions apply to this division:

Check. Section 3104. Consignee. Section 7102. Consignor. Section 7102. Consumer goods. Section 9109. Dishonor. Section 3507.
Draft. Section 3104.

(4) In addition Division 1 contains general definitions and principles of construction and interpretation applicable throughout this division.

§ 2104. Definitions: Merchant; Between Merchants; Financing
Agency.
(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 sellers’ draft or making advances against it or by merely taking it for

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collection whether or not documents of title accompany the draft.
AFinancing 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.

§ 2105. Definitions: Transferability; Goods; Future Goods; Lot; Commercial Unit.
(1) Goods means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Division 8) and things in action. Goods also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (Section § 2107.)
(2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are
Afuture@ goods. A purported present sale of future goods or of any interest
therein operates as a contract to sell.
(3) There may be a sale of a part in interest in existing identified
goods.
(4) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller’s interest in the bulk be sold to the buyer who then becomes an owner in common.
(5) Lot means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.
(6) Commercial unit means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which mate- rially impairs its character or value on the market or in use. A com- mercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale,

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gross, or carload) or any other unit treated in use or in the relevant market as a single whole.