§ 41-02-06 — (2-106) Definitions

1. In this chapter, unless the context otherwise requires:
a. "Agreement" and "contract" are limited to those relating to the present or future
sale of goods.
b. "Contract for sale" includes both a present sale of goods and a contract to sell
goods at a future time.
c. "Present sale" means a sale that is accomplished by the making of the contract.
d. "Sale" consists in the passing of title from the seller to the buyer for a price
(section 41-02-46).
2. "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.
3. 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.
4. "Hybrid transaction" means a single transaction involving a sale of goods and:
a. The provision of services;
b. A lease of other goods; or
c. A sale, lease, or license of property other than goods.
5. "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.