Maine Code § 11-2-106

Definitions: "contract"; "agreement"; "contract for sale"; "sale"; "present sale";
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"conforming" to contract; "termination"; "cancellation"; "hybrid transaction"
(1). Contract. In this Article unless the context otherwise requires "contract" and "agreement" are
limited to those relating to the present or future sale of goods. "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 (section 2-401). A "present sale" means a sale which is
accomplished by the making of the contract.
(2). Conforming. 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. "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. On "termination" all
obligations which are still executory on both sides are discharged but any right based on prior breach
or performance survives.
(4). Cancellation. "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 cancelling party also
retains any remedy for breach of the whole contract or of any unperformed balance.
(5). Hybrid transaction. "Hybrid transaction" means a single transaction involving a sale of
goods and:
(a). The provision of services; [PL 2023, c. 669, Pt. A, §15 (NEW); PL 2023, c. 669, Pt. E,
§1 (AFF).]
(b). A lease of other goods; or [PL 2023, c. 669, Pt. A, §15 (NEW); PL 2023, c. 669, Pt. E,
§1 (AFF).]
(c). A sale, lease or license of property other than goods. [PL 2023, c. 669, Pt. A, §15 (NEW);
PL 2023, c. 669, Pt. E, §1 (AFF).]
[PL 2023, c. 669, Pt. A, §15 (NEW); PL 2023, c. 669, Pt. E, §1 (AFF).]

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