§490:2-104  Definitions: 
"merchant"; "between merchants"; "financing
agency".  (1)  "Merchant" means a person who deals in goods
of the kind or otherwise by his occupation holds himself out as having
knowledge or skill peculiar to the practices or goods involved in the
transaction or to whom such knowledge or skill may be attributed by his
employment of an agent or broker or other intermediary who by his occupation
holds himself out as having such knowledge or skill.



(2)  "Financing agency" means a bank,
finance company, or other person who in the ordinary course of business makes
advances against goods or documents of title or who by arrangement with either
the seller or the buyer intervenes in ordinary course to make or collect
payment due or claimed under the contract for sale, as by purchasing or paying
the seller's draft or making advances against it or by merely taking it for
collection whether or not documents of title accompany or are associated with
the draft.  "Financing agency" includes also a bank or other person
who similarly intervenes between persons who are in the position of seller and
buyer in respect to the goods (section 490:2-707).



(3)  "Between merchants" means in any
transaction with respect to which both parties are chargeable with the
knowledge or skill of merchants. [L 1965, c 208, §2-104; HRS §490:2-104; am L
2004, c 163, §5]



 



Case Notes



 



  Restaurant in business for two years was a merchant.  691 F.
Supp. 247.