Florida § 672.106 - Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”; “hybrid transaction.”

§ 672.106. Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”; “hybrid transaction.”

(1) In this chapter, unless the context clearly requires otherwise, the meaning of the terms “contract” and “agreement” is limited to those contracts and agreements relating to the present or future sale of goods. The term “contract for sale” includes both a present sale of goods and a contract to sell goods at a future time. A “sale” consists in the passing of title from the seller to the buyer for a price (s. 672.401). A “present sale” means a sale which is accomplished by the making of the contract. (2) Goods or conduct including any part of a performance are “conforming” or conform to the contract when they are in accordance with the obligations under the contract. (3) “Termination” occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. Upon termination, all obligations that are still executory on both sides are discharged but any right based on prior breach or performance survives. (4) “Cancellation” occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of “termination” except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance. (5) The term “hybrid transaction” means a single transaction involving a sale of goods and any of the following: (a) The provision of services. (b) A lease of other goods. (c) A sale, lease, or license of property other than goods.