Part 2.

360 words·~2 min read·/nc/chapter-25/2-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Part 2. Form, Formation and Readjustment of Contract.

§ 25-2-201. Formal requirements; statute of frauds.

(a)Except as otherwise provided in this section, a contract for the sale of goods for the price of five hundred dollars ($500.00) or more is not enforceable by way of action or defense unless there is a record sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by the party's authorized agent or broker. A record is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in the record.

(b)Between merchants, if within a reasonable time a record in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, the record satisfies the requirements of subsection

(a)of this section against the party unless notice in a record of objection to its contents is given within 10 days after it is received.

(c)All of the following apply to a contract that does not satisfy the requirements of subsection

(a)of this section but that is valid in other respects:

(1)The contract is enforceable if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement.

(2)The contract is enforceable if the party against which enforcement is sought admits in the party's pleading, testimony, or otherwise in court that a contract for sale was made, but the contract is not enforceable under this subdivision beyond the quantity of goods admitted.

(3)The contract is enforceable with respect to goods for which payment has been made and accepted or that have been received and accepted (G.S. 25-2-606). (1965, c. 700, s. 1; 2025-25, s. 116.)