Colorado § 4-2-102 - Scope - certain security and other transactions excluded from this article.

§ 4-2-102. Scope - certain security and other transactions excluded from this article.

(1) Unless the context otherwise requires, and except as provided in subsection (3) of this section, this article 2 applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection (2) of this section.

(2) In a hybrid transaction:

(a) If the sale-of-goods aspects do not predominate, only the provisions of this article 2 which relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply.

(b) If the sale-of-goods aspects predominate, this article 2 applies to the transaction but does not preclude application in appropriate circumstances of other law to aspects of the transaction which do not relate to the sale of goods.

(3) This article 2 does not:

(a) Apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or

(b) Impair or repeal a statute regulating sales to consumers, farmers, or other specified classes of buyers.

Source: L. 65: p. 1298, § 1. C.R.S. 1963: § 155-2-102. L. 77: Entire section R&RE, p. 313, § 5, effective January 1, 1978. L. 2023: Entire section amended, (SB 23-090), ch. 136, p. 526, § 5, effective August 7.

Editor's note - Colorado legislative change: Colorado added new paragraph (b). There is no counterpart to paragraph (b) in the uniform act.

Cross references: For secured transactions, sales of accounts, contract rights, and chattel paper, see article 9 of this title; for the "Revised Uniform Anatomical Gift Act", see part 2 of article 19 of title 15; for nontransplant tissue banks, see article 140 of title 12; for limitation on liability regarding transplants and transfusion of blood, see § 13-22-104.

ANNOTATION

Uniform commercial code does not apply to the transfer of interests in real property. Gallegos v. Graff, 32 Colo. App. 213, 508 P.2d 798 (1973).

The uniform commercial code does not supplant livestock bill of sale laws. Although livestock are "goods", the UCC does not supplant the livestock bill of sale laws concerning the passage of title to livestock. Cugnini v. Reynolds Cattle Co., 648 P.2d 159 (Colo. App. 1981), aff'd, 687 P.2d 962 (Colo. 1984).

Application of term "goods". The term "goods" as employed in this section applies to a sale by a merchant of used, as well as new, goods. Moore v. Burt Chevrolet, Inc., 39 Colo. App. 11, 563 P.2d 369 (1977).

Refinery sale did not involve sale of "goods" and thus was not covered by this article. McClanahan v. Am. Gilsonite Co., 494 F. Supp. 1334 (D. Colo. 1980).

Statutory warranties not applicable to service contracts. The statutory warranties imposed by the uniform sales act do not apply as a matter of law to service contracts. Samuelson v. Chutich, 187 Colo. 155, 529 P.2d 631 (1974).

A contract for the delivery of natural gas is a sale of goods within the meaning of the sales article of the uniform commercial code. KN Energy, Inc. v. Great W. Sugar Co., 698 P.2d 769 (Colo. 1985).

Transaction was within the scope of the sales article of the uniform commercial code. Guy Martin Buick, Inc. v. Colo. Springs Nat'l Bank, 32 Colo. App. 235, 511 P.2d 912 (1973), aff'd, 184 Colo. 166, 519 P.2d 354 (1974).

Marketing agreements for manufactured products was within the scope of the sales article of the uniform commercial code where one party purchased and maintained an inventory of the manufacturer's products for direct sales to customers. William H. White Co. v. B&A Mfg. Co., 794 P.2d 1099 (Colo. App. 1990).

Applied in Smith v. Union Supply Co., 675 P.2d 333 (Colo. App. 1983).